Spann v. State

Evans, Judge.

Defendant was indicted, tried and convicted of two offenses, to wit: burglary and possession of burglary tools. Motion for new trial was filed, amended and denied, and the appeal is from that final judgment. Held:

1. Defendant contends the trial judge erred in applying the new sentencing procedure, as authorized by Code Ann. §27-2534 (Ga. L. 1970, pp. 949-951) and he argues that such application would make the statute an ex post facto law; but the Supreme Court of Georgia has held adversely to such contention and we are bound thereby. See Todd v. State, 228 Ga. 746 (187 SE2d 831);…