Cochran v. State
Cochran v. State
Opinion
After this Court overturned Antonio B. Cochran’s malice murder conviction, 1 the State elected to re-sentence Cochran to life in prison for the remaining felony murder conviction. On appeal, Cochran contends that the new sentence is void because the trial court failed to conduct a hearing before issuing the new sentence.
In Williams v. State, however, this Court held that “a sentence imposed by a trial court in a non-death penalty case is not rendered void by the court’s failure to conduct a pre-sentence hearing under OCGA § 17-10-2.” 2 Moreover, felony murder carries a mandatory life sentence, and as that was the only conviction at issue, the sentence imposed is required by law and Cochran suffered no harm by the failure to hold a pre-sentence hearing.
Judgment affirmed.
Cochran v. State, 276 Ga. 283 (576 SE2d 867) (2003).
271 Ga. 686, 691 (523 SE2d 857) (1999).
Reference
- Full Case Name
- Cochran v. the State
- Cited By
- 2 cases
- Status
- Published