STATE v. CARTER

70265.

175 Ga. App. 38 (1985)

332 S.E.2d 349

THE STATE v. CARTER.

Court of Appeals of Georgia.

Decided June 4, 1985.


Attorney(s) appearing for the Case

Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellant.

Michael G. Schiavone, for appellee.


BIRDSONG, Presiding Judge.

The sole question in this appeal is whether the trial court erred in sentencing the appellee Carter, a sixth time recidivist felon, to a term of twenty years with twelve to serve and the remaining eight years probated.

The state contends that under OCGA § 17-10-7 (b), the habitual offender statute, the trial court must sentence the fourth time recidivist felon to the maximum sentence for the crime without probation. We...

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