GARY v. STATE

No. A98A1518.

507 S.E.2d 242 (1998)

234 Ga. App. 506

GARY v. The STATE.

Court of Appeals of Georgia.

September 23, 1998.


Attorney(s) appearing for the Case

Copeland & Haugabrook, Karla L. Walker, Macon, for appellant.

J. David Miller, District Attorney, Jennifer A. Thomas, Assistant District Attorney, for appellee.


HAROLD R. BANKE, Senior Appellate Judge.

John Gary pleaded guilty to shoplifting a pack of cigarettes having a value of $1.15. Due to his prior shoplifting record this offense was a felony. OCGA § 16-8-14. The trial court imposed a ten-year sentence which Gary challenges as excessive in his sole enumeration of error. Held:

It is undisputed that Gary had at least three prior convictions for theft by shoplifting. OCGA § 16-8-14(b)(1)(C) requires...

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