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ANDERSON v. STATE

No. A03A0668.

583 S.E.2d 549 (2003)

261 Ga. App. 716

ANDERSON v. The STATE.

Court of Appeals of Georgia.

June 17, 2003.

Attorney(s) appearing for the Case

Wanda S. Jackson, Atlanta, for appellant.

W. Kendall Wynne, Jr., Dist. Atty., Layla V. Hinton, Asst. Dist. Atty., for appellee.

SMITH, Chief Judge.

Donald Anderson appeals his sentence for misdemeanor battery, contending that the probation sentence imposed upon him, 365 days to serve in a probation detention center, is unlawful. We agree. We therefore vacate his sentence and remand this case to the trial court for resentencing.

Anderson had been convicted previously of aggravated stalking, a felony. OCGA § 16-5-91. He received a five-year sentence, which was probated. His probation...

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