Slaughter v. State
Georgia Court of Appeals
Slaughter v. State, 695 S.E.2d 743 (2010)
304 Ga. App. 209; 2010 Fulton County D. Rep. 1803; 2010 Ga. App. LEXIS 487
Smith, Mikell, Adams
Slaughter v. State
Opinion
Fredrick Slaughter, pro se, appeals from a trial court’s order sentencing him as a recidivist without parole. Slaughter contends the trial court erred by sentencing him as a recidivist based upon at least one of three convictions used by the State to convict him of possession of a firearm by a convicted felon. We agree.
Where the state proves a defendant’s prior felony convictions for the purpose of convicting him of being a convicted *210 felon in possession of a firearm, it may not also use those prior convictions in aggravation of punishment. We find unpersuasive the state’s argument that the rule only applies when the defendant is sentenced a recidivist under OCGA § 17-10-7 (a).
(Citations, punctuation and footnotes omitted.) Morrison v. State, 272 Ga. App. 34, 43 (7) (611 SE2d 720) (2005). We must, therefore, vacate the trial court’s order sentencing Slaughter as a recidivist and remand this case to the trial court for resentencing.
Judgment vacated and case remanded with direction.
Reference
- Full Case Name
- Slaughter v. the State
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- 2 cases
- Status
- Published