VARNES v. STATE

61715.

159 Ga. App. 452 (1981)

283 S.E.2d 673

VARNES v. THE STATE.

Court of Appeals of Georgia.

Decided September 9, 1981.


Attorney(s) appearing for the Case

Winslow H. Verdery, for appellant.

V. D. Stockton, District Attorney, Michael H. Crawford, Assistant District Attorney, for appellee.


SOGNIER, Judge.

1. Appellant was convicted of burglary. He first contends the trial court erred in the sentencing phase of the trial by considering a prior conviction which was not admissible under the provisions of Code Ann. § 27-2503. That code section provides that only such evidence in aggravation as the state has made known to the defendant prior to trial shall be admissible.

Apparently, the probation report contained information that appellant was...

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