THOMAS v. STATE

No. A13A1053.

752 S.E.2d 67 (2013)

THOMAS v. The STATE.

Court of Appeals of Georgia.

November 20, 2013.


Attorney(s) appearing for the Case

Johnny Emmett Clyde Vines , for Appellant.

Samuel H. Altaian , Kelly Anne Jenkins , for Appellee.


BOGGS, Judge.

Three months after his first jury trial ended in a mistrial, Frank James Thomas was retried and convicted of one count of burglary. His amended motion for new trial was denied, and Thomas appeals, asserting as his sole enumeration of error that the State was required, before retrial, to file a new notice of intent to introduce his prior convictions in aggravation of punishment pursuant to OCGA § 17-16-4(a)(5). But evidence was presented at the hearing...

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