Benton v. State

Full title: BENTON v. The STATE.

Court: Court of Appeals of Georgia.

Date published: Mar 2, 2023

885 S.E.2d 23 (Ga. Ct. App. 2023)

Opinion

A21A1118.

03-02-2023

BENTON v. The STATE.

Steven Lee Sparger , Savannah, for Appellant. Shalena Cook Jones Jones, Abigail Beth Long , for Appellee.

Dillard, Presiding Judge.

Steven Lee Sparger , Savannah, for Appellant.

Shalena Cook Jones Jones, Abigail Beth Long , for Appellee.

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 Judgment vacated in part and case remanded for resentencing.

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.

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