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SMITH v. STATE

No. A98A1678.

505 S.E.2d 858 (1998)

234 Ga. App. 213

SMITH v. The STATE.

Court of Appeals of Georgia.

September 2, 1998.

Attorney(s) appearing for the Case

Clifton M. Patty, Jr., Christopher C. Young, Ringgold, for appellant.

Herbert E. Franklin, Jr., District Attorney, Melodie S. Bedford, Assistant District Attorney, for appellee.

BLACKBURN, Judge.

Gary Smith appeals the trial court's order re-sentencing him to life in prison based upon his conviction of armed robbery. Smith contends that the trial court erred by: (1) allowing a private attorney to participate in the re-sentencing hearing as the district attorney pro tem in violation of OCGA § 15-18-5(a), and (2) sentencing him to life imprisonment instead of a determinate sentence of specified months or years.

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