Simmons v. State

Banke, Judge.

The defendant was convicted of theft by taking (motor vehicle). He enumerates as error the trial judge’s imposition of sentence under Code Ann. § 26-1812, the general punishment statute for theft by taking, rather than under Code Ann. § 26-1813, the specific punishment statute for theft of a motor vehicle.

The defendant pled guilty to one count of theft by taking (motor vehicle) and to four recidivist counts. At least one of these prior convictions was for motor vehicle theft. Code Ann. § 26-1812 states in part that the punishment for motor vehicle theft is "imprisonment for not…