Blevins v. State
Blevins v. State
Opinion of the Court
A jury found William Blevins guilty of two counts of child molestation, and the trial court sentenced him to life in prison, which
On appeal, Blevins argues that he received insufficient notice under OCGA § 17-10-2 (a) that the State intended to use his prior convictions in aggravation of sentencing. At the time Blevins was found guilty, this Code section read as follows:
Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of “guilty’ by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to the defendant’s trial shall be admissible.4
Subsequent cases made clear that the language in this Code section was mandatory.
Pursuantto OCGA§ 17-1-1 (b) (1), “[w]here service is required to be made, the service shall be made upon the party’s attorney unless
Judgment affirmed.
270 Ga. App. 388 (606 SE2d 624) (2004).
Id. at 394-395 (5).
This statute was substantially revised in July 2005.
(Emphasis supplied.) OCGA § 17-10-2 (a).
Williams v. State, 225 Ga. App. 319, 323 (8) (483 SE2d 874) (1997); Hayes v. State, 211 Ga. App. 801, 804 (3) (440 SE2d 539) (1994).
(Emphasis supplied.)
See Cabell v. State, 250 Ga. App. 530, 531 (551 SE2d 386) (2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.