Benton v. State

Full title: BENTON v. THE STATE.

Court: Court of Appeals of Georgia, Fourth Division

Date published: Mar 2, 2023

No. A21A1118 (Ga. Ct. App. Mar. 2, 2023)

Opinion

A21A1118

03-02-2023

BENTON v. THE STATE.

DILLARD, PRESIDING JUDGE

RICKMAN, C. J., DILLARD, P. J., and MERCIER, J.

DILLARD, PRESIDING JUDGE

In Benton v. State (Benton II),¹ the Supreme Court of Georgia reversed this Court's opinion in Benton v. State (Benton I),² in part, and vacated Turner Benton's sentence for aggravated assault because he was ineligible to be sentenced as a recidivist under OCGA § 17-10-7 (c). Accordingly, we vacate our prior opinion as to Benton's sentencing, adopt the opinion of the Supreme Court, and remand this case to the trial court for resentencing in a manner consistent with that opinion.³

1 314 Ga. 498 (877 S.E.2d 603) (2022).

2 361 Ga.App. 19 (861 S.E.2d 672) (2021).

3 The Supreme Court of Georgia granted certiorari in this case only as to Benton's challenge to the validity of his sentence, and the rest of our judgment in Benton I remains intact.

Judgment vacated in part and case remanded for resentencing.

Rickman, C. J., and Mercier, J. concur.