Welborn v. State

Birdsong, Judge.

Appellant Alton Lee Welborn and a co-defendant entered pleas of guilty to charges of entering an automobile with intent to commit theft. Both defendants requested to be given first-offender status in the sentencing. OCGA § 42-8-60 (Code Ann. § 27-2727); see also Johnson v. State, 161 Ga. App. 506 (288 SE2d 366). The co-defendant was given first-offender status and sentenced to two years’ probation; appellant was sentenced to two years’ confinement. On appeal he contends his sentence is error because the trial court considered inadmissible evidence in the pre-sentence hearing…