neutral
Cited (no substantive treatment)
0.5 score
Slaughter
v.
the State
v.
the State
A10A0076.
Court of Appeals of Georgia.
May 27, 2010.
Fredrick B. Slaughter, pro se., David McDade, District Attorney, James A. Dooley, Assistant District Attorney, for appellee.
Smith, Mikell, Adams.
Cited by 2 opinions | Published
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.