State v. Chambers, A05A1560.
| Decision Date | 28 September 2005 |
| Docket Number | No. A05A1560.,A05A1560. |
| Citation | 621 S.E.2d 588,275 Ga. App. 666 |
| Parties | The STATE v. CHAMBERS. |
| Court | Georgia Court of Appeals |
A jury found Percy Chambers guilty of burglary. The State sought to have Chambers sentenced as a recidivist and introduced his two prior convictions for burglary as well as prior felony convictions for robbery, second degree criminal damage to property, and possession of tools for the commission of a crime. The trial court sentenced Chambers to twenty years, provided that upon service of eight years, the remaining twelve years could be suspended. The State appeals, arguing that the court erred in sentencing Chambers under the general recidivist statute rather than the specific statute governing sentencing for second and third burglary convictions. We disagree and affirm.
The trial court sentenced Chambers pursuant to OCGA § 17-10-7(a), which provides that
any person convicted of a felony offense in this state ... who shall afterwards commit a felony punishable by confinement in a penal institution, shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he or she stands convicted, provided that, unless otherwise provided by law, the trial judge may, in his or her discretion, probate or suspend the maximum sentence prescribed for the offense.
The State argues that the trial court did not have discretion to suspend a portion of Chambers's sentence because it should have sentenced Chambers pursuant to OCGA § 16-7-1(b), which provides in part that
[u]pon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than five nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection.
(Emphasis supplied.)
The record here shows that Chambers had been convicted of not only two previous burglaries, but three other felonies as well. Thus Stephens v....
To continue reading
Request your trial
-
Nelson v. State
...for the application of the repeat offender statute for sentencing purposes." (Citation and punctuation omitted.) State v. Chambers, 275 Ga.App. 666, 667, 621 S.E.2d 588 (2005). 6. In his final two enumerations of error, Nelson alleges that he received ineffective assistance from his trial c......
-
Butler v. State, No. S06G0786.
...sentencing for violating § 16-13-30(b), his prior convictions were not all for violations of § 16-13-30(b). In State v. Chambers, 275 Ga.App. 666, 621 S.E.2d 588 (2005), the Court of Appeals concluded that the general recidivist statute took precedence when the defendant's prior convictions......
-
Georgia Pacific Corp. v. Cross, No. A05A1478.
... ... MILLER, Judge ... The appellate division of the State Board of Workers' Compensation awarded Steven Cross compensation for injuries arising from his ... ...
-
Goldberg v. State, A06A0211.
...v. State, 257 Ga.App. 508, 510(2), 571 S.E.2d 507 (2002) (same). 30. OCGA § 16-7-1(a). 31. (Punctuation omitted.) State v. Chambers, 275 Ga.App. 666, 667, 621 S.E.2d 588 (2005), citing Stephens v. State, 259 Ga.App. 564, 565, 578 S.E.2d 179 (2003). Compare Norwood v. State, 249 Ga.App. 507,......
-
Workers' Compensation - H. Michael Bagley, Daniel C. Kniffen, and Katherine D. Dixon
...586 (2005). 46. Id. at 664-65, 621 S.E.2d at 587-88. 47. Id. at 664, 621 S.E.2d at 587. 48. Id. 49. Id. 50. Id. 51. Id. at 665-66, 621 S.E.2d at 588. 52. 276 Ga. App. at 759-62, 624 S.E.2d at 285-88. 53. Id. at 759, 624 S.E.2d at 286. 54. Id. at 761, 624 S.E.2d at 288. 55. Id. at 759, 624 S......