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VON THOMAS v. STATE

No. S13G0198.

748 S.E.2d 446 (2013)

293 Ga. 569

VON THOMAS v. The STATE.

Supreme Court of Georgia.

September 9, 2013.

Attorney(s) appearing for the Case

David Cooper Abbott , The Abbott Law Firm, P.C., MeDonough, for appellant.

Wanda Lynn Vance , Assistant District Attorney, Lee Darragh , District Attorney, Northeastern Judicial Circuit, for appellee.

BLACKWELL, Justice.

Jerry Von Thomas was convicted of a felony and sentenced to a term of imprisonment, and because he previously had been convicted of three other felonies, he was sentenced pursuant to OCGA § 17-10-7(c) as a recidivist. Years later, von Thomas moved the sentencing court to vacate his sentence, claiming that he should not have been sentenced as a recidivist because he was denied the assistance of counsel in connection with one of his prior convictions...

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