Thomas v. State, 52456
| Decision Date | 16 July 1976 |
| Docket Number | No. 52456,No. 1,52456,1 |
| Citation | 139 Ga.App. 364,228 S.E.2d 386 |
| Parties | V. D. THOMAS v. The STATE |
| Court | Georgia Court of Appeals |
Jesse DuBose, Richland, for appellant.
Claude N. Morris, Dist. Atty., Americus, for appellee.
Defendant entered guilty pleas to each of three burglary charges lodged against him. He was sentenced by the trial judge to three years for each offense to be served consecutively. Defendant's sole enumeration of error asserts that the sentences imposed were 'unreasonable' in view of the nature of the crime.
This court is not empowered to modify a sentence which is within the statutory limits and lawfully imposed. See McCullough v. State, 11 Ga.App. 612, 618(6), 76 S.E. 393; Code §§ 27-2502, 27-2503, 27-2510. Since defendant has urged no legal basis for a reversal of the judgment of sentence, this court will not disturb the trial judge's discretion in this matter. We note, however, that the procedures established by Ga.L.1974, pp. 352, 358, codified as § 27-2511.1 regarding the review of sentences offer an available remedy to defendant's claim of excessive harshness.
Judgment affirmed.
To continue reading
Request your trial
-
Morrison v. State, 73187
...that "[t]his court is not empowered to modify a sentence which is within the statutory limits and lawfully imposed." Thomas v. State, 139 Ga.App. 364, 228 S.E.2d 386 (1976). Thus, our initial inquiry is whether the sentence was properly imposed by the trial "Probation is granted as a privil......
-
Doby v. State
...within the statutory limits and lawfully imposed (OCGA § 16-8-41(b), and this court is not empowered to modify it. Thomas v. State, 139 Ga.App. 364, 228 S.E.2d 386 (1976). " 'Any question as to the excessiveness of a sentence, which in this case was within the legal limits, should be addres......
-
Garland v. State, 62487
...27-2511.1 regarding the review of sentences offer an available remedy to [appellant's] claim of excessive harshness." Thomas v. State, 139 Ga.App. 364, 365, 228 S.E.2d 386. Judgment SHULMAN, P. J., and SOGNIER, J., concur. ...
-
Lowry v. State
...sentence is within statutory limits and is lawfully imposed. Therefore, this court is without power to modify it. Thomas v. State, 139 Ga.App. 364, 228 S.E.2d 386 (1976). 5. Lowry also argues that the trial court erred in not granting his motion for new trial because the indictments are imp......