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Smith v. State

Defendant could be sentenced as a recidivist on his Georgia armed robbery conviction since his previous Florida convictions involved his robbing two victims while he held a shotgun and were serious violent felonies.

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Defendant entered guilty pleas to each of the charges in an indictment charging him with armed robbery, kidnapping, driving under the influence of alcohol or drugs to an extent that it was less safe for him to drive, driving with a suspended license, fleeing or attempting to elude a police officer, and reckless driving. Because defendant had previously been adjudicated for two offenses in Florida which would have each amounted to an armed robbery offense had the crimes been committed in Georgia, the trial court determined that defendant is a serious violent felon under OCGA § 17-10-6.1 a 2 defining armed robbery as a serious violent felony and sentenced him to life in prison without parole for the armed robbery offense as required by OCGA § 17-10-7 b 2. This appeal followed. Held:

1. Defendant contends the trial court erred in sentencing him to life in prison without parole under OCGA § 17-10-7 b 2, arguing that the charging instrument which the State proffered to show that he had been convicted in Florida of two serious violent felonies “the Florida indictment” did not indicate that these offenses were serious violent felonies under OCGA § 17-10-6.1 a 2. We do not agree.

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