THOMAS v. STATE

A91A0815.

199 Ga. App. 818 (1991)

406 S.E.2d 811

THOMAS v. THE STATE.

Court of Appeals of Georgia.

Decided May 29, 1991.


Attorney(s) appearing for the Case

Bennett, Wisenbaker & Bennett, C. Richard Williams, Jr., for appellant.

H. Lamar Cole, District Attorney, Bradfield M. Shealy, Assistant District Attorney, for appellee.


ANDREWS, Judge.

Thomas entered a guilty plea to a charge of aggravated assault, for which the maximum sentence is 20 years imprisonment. OCGA § 16-5-21 (b). He was sentenced to 15 years, ten years of imprisonment and five years of probation. On appeal, Thomas contends that the sentence constituted cruel and unusual punishment.

"`This court is not empowered to modify a sentence which is within the statutory limits for the offense. (Cits.)'" Morgan v...

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