Wade v. State

I respectfully dissent from Divisions II and III of the majority opinion. The power of the court to specify sentences shall run consecutively is derived from the common law. Georgia statutes have not altered this power. The only change is that sentences now run concurrently, rather than consecutively, when it is not specified otherwise. 21 AmJur2d 523, Criminal Law, § 547; Simmons v. Georgia Iron & Co., 117 Ga. 305, 318 (43 SE 780); Baker v. State, 127 Ga. App, 403 (5) (194 SE2d 122).

I am authorized to state that Justice Nichols concurs in this special concurrence.