Daniels v. State

Sears, Justice.

Otis Daniels appeals from his guilty plea to charges which include murder and kidnapping with bodily injury. He claims that the trial court improperly sentenced him as a repeat offender under OCGA § 17-10-7, because his only prior conviction had been adjudicated under the First Offender Act, and had resulted in a probated sentence pursuant to OCGA § 42-8-60. However, a review of the record shows that before he was sentenced in this matter, Daniels’s status as a first offender probationer had been revoked, and he had been adjudicated as a felon. Therefore, the trial court…