Opinion
75711.
DECIDED MARCH 4, 1988.
Shoplifting. Clarke Superior Court. Before Judge Barrow.
Timothy W. Floyd, Sara F. Miller, Donald T. Wells, Jr., for appellant.
Harry N. Gordon, District Attorney, Gerald W. Brown, Assistant District Attorney, for appellee.
Defendant appeals his conviction for theft by shoplifting after being sentenced as a recidivist under the authority of OCGA § 16-8-14 (b) (1) (C). Held:
In his sole enumeration of error, defendant contends the trial court erred in dismissing the jury after a verdict had been rendered and making a determination without the intervention of a jury as to the recidivist counts of the indictment. This contention is without merit.
In cases such as the one sub judice, "the trial court alone determines the punishment to be imposed. See OCGA § 17-10-2 (Code Ann. § 27-2503). Since recidivism is an issue only in the sentencing phase of a trial (see Parrish v. State, 160 Ga. App. 601 (7) ( 287 S.E.2d 603) (1981)), it follows that defendant had no right to a jury determination of this issue. See Jackson v. State, 158 Ga. App. 702 (6) ( 282 S.E.2d 181) (1981)." LaPalme v. State, 169 Ga. App. 540, 541 (4) ( 313 S.E.2d 729).
Judgment affirmed. Sognier and Beasley, JJ., concur.