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SIMMONS v. STATE

Nos. A96A1221, A96A1222.

474 S.E.2d 253 (1996)

222 Ga. App. 447

SIMMONS v. The STATE (two cases).

Court of Appeals of Georgia.

Reconsideration Dismissed August 8, 1996.

Certiorari Denied November 8, 1996.

Attorney(s) appearing for the Case

Bobby J. Braswell, Eastman, for appellant.

Timothy G. Vaughn, Dist. Atty., Russell P. Spivey, Asst. Dist. Atty., for appellee.

BLACKBURN, Judge.

On November 28, 1995, after a bench trial, Norman Simmons was convicted under two separate indictments of theft by taking.1 Simmons was sentenced to serve five years for each conviction, to run concurrently. The sentences were probated on the conditions that Simmons spend a term of 60 to 120 days in a detention center, and for each conviction Simmons was required to pay a $1,000 fine, to make restitution,

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