Woodson v. State, 605 S.E.2d 822 (Ga. Ct. App. 2004). · Go Syfert
Woodson v. State, 605 S.E.2d 822 (Ga. Ct. App. 2004). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Cited for
268 Ga. App. at 732 Permitting consecutive sentences for separate and distinct crimes3 citing casesexpressly provides for the imposition of consecutive sentences for the separate crimes committed by Woodson. “Consecutive sentences are permitted where…opening of page *732 (no citing court says what it cites this page for)
  • Phillips v. State, 680 S.E.2d 424 (Ga. Ct. App. 2009).published
    “Consecutive sentences are permitted where separate and distinct crimes are charged.” (Citation and punctuation omitted.) Woodson v. State, 268 Ga. App. 731, 732 ( 605 SE2d 822 ) (2004).
  • Dowling v. State, 630 S.E.2d 143 (Ga. Ct. App. 2006).published
    In resolving this appeal, we have considered the brief Dowling submitted in Case No. A06A0756. 2 See Crumbley v. State, 261 Ga. 610, 611 (1) ( 409 SE2d 517 ) (1991). 3 Id. 4 “Id. 5 See Woodson v. State, 268 Ga. App. 731, 732 ( 605 SE2d 822…
  • Thompson v. State, 631 S.E.2d 422 (Ga. Ct. App. 2006).published 2 cites
    See Woodson v. State, 268 Ga. App. 731, 732 ( 605 SE2d 822 ) (2004); see also Jones v. State, 271 Ga. App. 830, 831 ( 610 SE2d 570 ) (2005).
Retrieving the full opinion text from the archive…
Woodson
v.
the State
A04A1360.
Court of Appeals of Georgia.
Jul 26, 2004.
Published opinion
605 S.E.2d 822
2004 Ga. App. LEXIS 1001
Willie Woodson, pro se., Robert E. Keller, District Attorney, Bonnie K. Smith, Assistant District Attorney, for appellee.
Smith, Johnson, Phipps.
Cited by 3 opinions  |  Published
SMITH, Chief Judge.

This case appears here for the second time. In Woodson v. State, 242 Ga. App. 67 (530 SE2d 2) (2000), this court affirmed the judgment of conviction against Woodson but remanded the case for resentencing on the ground that the State did not meet its burden of proof with respect to sentencing under the recidivist statute, OCGA § 17-10-7. Id. at 70 (4). Under that statute, the trial court had imposed maximum sentences for the five felonies for which Woodson had been convicted. Id. During the resentencing hearing on remand, the State withdrew its request that Woodson be sentenced as a recidivist, and the trial court stated that Woodson would “receive the identical sentence” previously imposed but directed the State to “redraw it to show that it’s not being done as a recidivist.” As a consequence, Woodson was sentenced to consecutive prison terms “for a total sentence of eighty (80) years and twelve (12) months.”

Woodson appeals, arguing that the trial court was required to sentence him to concurrent prison terms under OCGA§ 17-10-10 (a). We do not agree. That Code section provides that if a person is convicted at a single term of court on more than one count of an indictment or accusation “and sentenced to imprisonment, the sentences shall be served concurrently unless otherwise expressly provided therein.” (Emphasis supplied.) Id. The trial court’s sentence[*732] expressly provides for the imposition of consecutive sentences for the separate crimes committed by Woodson. “Consecutive sentences are permitted where separate and distinct crimes are charged.” (Citations and punctuation omitted.) Burgos v. State, 233 Ga. App. 897, 902 (3) (505 SE2d 543) (1998). Although acquitted of rape, Woodson was charged and convicted of the “separate and distinct” crimes of burglary, battery, kidnapping, aggravated assault with the intent to rape, and aggravated assault with a deadly weapon, and the trial court was authorized to impose consecutive sentences.

Decided July 26, 2004. Willie Woodson, pro se. Robert E. Keller, District Attorney, Bonnie K. Smith, Assistant District Attorney, for appellee.

Judgment affirmed.

Johnson, P. J., and Phipps, J., concur.