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WHEELER v. STATE

No. A04A1782.

606 S.E.2d 612 (2004)

270 Ga. App. 363

WHEELER v. The STATE.

Court of Appeals of Georgia.

November 8, 2004.

Attorney(s) appearing for the Case

Summer & Summer, Chandelle T. Summer, Gainesville, for appellant.

Jason J. Deal, District Attorney, John A. Warr, Assistant District Attorney, for appellee.

MILLER, Judge.

James Wheeler, convicted of armed robbery, appeals from a life sentence, arguing that the trial court wrongly classified him as a recidivist offender. We agree that the State failed to provide evidence of that status. We must therefore remand this case to the trial court for a resentencing hearing.

Before Wheeler's trial, the State filed a notice that it was seeking recidivist punishment under OCGA § 17-10-7(a) in light of his previous...

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