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DANIELS v. STATE

No. S99A0597.

517 S.E.2d 66 (1999)

271 Ga. 167

DANIELS v. The STATE.

Supreme Court of Georgia.

June 1, 1999.

Attorney(s) appearing for the Case

Brimberry, Kaplan & Brimberry, John P. Cannon, Albany, for appellant.

Kenneth B. Hodges III, District Attorney, Kenneth A. Dasher, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Frank A. Ilardi, Assistant Attorney General, for appellee.

SEARS, Justice.

Otis Daniels appeals from his guilty plea to charges which include murder and kidnapping with bodily injury. He claims that the trial court improperly sentenced him as a repeat offender under OCGA § 17-10-7, because his only prior conviction had been adjudicated under the First Offender Act, and had resulted in a probated sentence pursuant to OCGA § 42-8-60. However, a review of the record shows that before he was sentenced

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