Melton v. State

Ruffin, Judge.

This case involves the proper sentence for a kidnapping with bodily injury conviction. It is again before us after remand in Melton v. State, 216 Ga. App. 215 (454 SE2d 545) (1995). We remanded this case to determine the validity of Melton’s 1987 sentence following his conviction for kidnapping with bodily injury. Originally, Melton was sentenced to life as a recidivist pursuant to OCGA § 17-10-7. We expressed concern over the use of the recidivist statute in that Melton’s 1979 rape and sodomy convictions were not convictions within the meaning of OCGA § 17-10-7 since that…