Ball v. State

Ruffin, Judge.

A jury found Timothy Ball guilty of operating a motor vehicle after having been declared an habitual violator (Count 1) and failing to obey a traffic control device (Count 2). The trial court sentenced Ball to five years incarceration on Count 1 and twelve months on Count 2, to be served concurrently. In the sentencing hearing, the trial court treated Ball as a recidivist under OCGA § 17-10-7 and declared that he would not be eligible for parole. Ball did not directly appeal, but was granted an out-of-time appeal in a habeas corpus proceeding. In this appeal, Ball asserts (1) he…