Morton v. State

Full title: MORTON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 5, 1993

437 S.E.2d 839 (Ga. Ct. App. 1993)

437 S.E.2d 839

Opinion

A93A2506.

DECIDED NOVEMBER 5, 1993. RECONSIDERATION DENIED NOVEMBER 12, 1993.

Sentence. Fulton State Court. Before Judge Carnes.

Albert W. Morton, pro se. Paul L. Howard, Jr., Solicitor, Phyllis M. Burgess, Deborah W. Espy, Assistant Solicitors, for appellee.

JOHNSON, Judge.

This is the second appearance of this case in this court.¹ In the original appeal, Morton v. State, 206 Ga. App. 413 ( 425 S.E.2d 336) (1992), Albert W. Morton's conviction was affirmed, but his sentence was vacated because, as the State conceded, it exceeded the range authorized by law for the offense. The case was remanded for resentencing only. On remand, the trial court imposed a sentence which is well within the range authorized by law for the offense.

1 Morton's "car collection" has prompted two other opinions rendered by this court, however. See Morton v. McCoy, 204 Ga. App. 595 ( 420 S.E.2d 40) (1992); Morton v. State, 193 Ga. App. 119 ( 387 S.E.2d 9) (1989).

In this reappearance of the case, Morton seeks to raise again the merits of his underlying conviction. These issues, having previously been decided against him, may not be raised and considered again.

Judgment affirmed. McMurray, P. J., and Blackburn, J., concur.

JOHNSON, Judge.

DECIDED NOVEMBER 5, 1993 — RECONSIDERATION DENIED NOVEMBER 12, 1993 — CERT. APPLIED FOR.