GARY v. STATE

75711.

186 Ga. App. 231 (1988)

366 S.E.2d 833

GARY v. THE STATE.

Court of Appeals of Georgia.

Decided March 4, 1988.


Attorney(s) appearing for the Case

Timothy W. Floyd, Sara F. Miller, Donald T. Wells, Jr., for appellant.

Harry N. Gordon, District Attorney, Gerald W. Brown, Assistant District Attorney, for appellee.


McMURRAY, Presiding Judge.

Defendant appeals his conviction for theft by shoplifting after being sentenced as a recidivist under the authority of OCGA § 16-8-14 (b) (1) (C). Held:

In his sole enumeration of error, defendant contends the trial court erred in dismissing the jury after a verdict had been rendered and making a determination without the intervention of a jury as to the recidivist counts of the indictment. This contention is without...

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