Walton v. State

Mikell, Judge.

David Walton was convicted of burglary based on his participation in breaking into a hardware store and stealing 16 guns. During the sentencing phase of his trial, the state tendered into evidence certified copies of Walton’s two prior burglary convictions. Walton offered no evidence in mitigation, and the court sentenced him to 20 years to serve. Walton moved for a new trial as to sentencing only, contending that the trial court erroneously failed to consider probating a portion of his sentence, as required by OCGA § 17-10-7 (a). After a hearing, the motion was denied, and this…