Thomas v. State

Boggs, Judge.

Three months after his first jury trial ended in a mistrial, Frank J ames Thomas was retried and convicted of one count of burglary. His amended motion for new trial was denied, and Thomas appeals, asserting as his sole enumeration of error that the State was required, before retrial, to file a new notice of intent to introduce his prior convictions in aggravation ofpunishment pursuant to OCGA § 17-16-4 (a) (5). But evidence was presented at the hearing on Thomas’ motion for new trial that the State gave clear notice of its intent to use Thomas’ prior convictions in the second…