Davis v. the State

Full title: DAVIS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 22, 2000

543 S.E.2d 736 (Ga. Ct. App. 2000)

543 S.E.2d 736

Opinion

A99A1169.

Decided: November 22, 2000.

MIKELL, Judge.

In Davis v. State, 239 Ga. App. 318 ( 521 S.E.2d 368) (1999), we affirmed Tommie Coleman Davis' conviction and sentence for armed robbery and possession of a firearm during the commission of a crime. On certiorari, the Supreme Court reversed our ruling that Davis, who committed the crimes during the period of his first offender probation, could be sentenced as a recidivist under OCGA § 17-10-7 (b) (2). Davis v. State, Case No. S99G1723 (decided October 23, 2000.) Instead, the Supreme Court held that guilty pleas Davis entered as a first offender did not constitute convictions that could serve as a basis for sentencing him as a recidivist. Accordingly, Division 2 of our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court. The case is remanded to the trial court for a new sentencing hearing.

Sentence vacated and case remanded for resentencing. Andrews, P.J., and Ruffin, J., concur.