SMITH v. STATE

No. A06A0822.

630 S.E.2d 125 (2006)

278 Ga. App. 858

SMITH v. The STATE.

Court of Appeals of Georgia.

April 13, 2006.


Attorney(s) appearing for the Case

Carl P. Greenberg, Atlanta, for appellant.

Gwendolyn Keyes Fleming, District Attorney, Barbara B. Conroy, Assistant District Attorney, for appellee.


SMITH, Presiding Judge.

Convicted of armed robbery and hijacking a motor vehicle, Corey Smith appeals from the sentence entered by the trial court. He contends that the court failed to exercise its discretion when it imposed a consecutive sentence for the hijacking count. We agree, vacate Smith's sentence, and remand the case for resentencing.

A jury found Smith guilty of armed robbery and hijacking a motor vehicle for taking at gunpoint the victim's car,...

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