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Daniels v. State

3 Citing cases

  1. Davis v. State

    273 Ga. 14 (Ga. 2000)   Cited 33 times
    Holding that the trial court improperly sentenced the defendant as a recidivist under OCGA § 17–10–7 (b), which applies to a person who has been convicted of a serious violent felony, and the defendant pleaded guilty to the predicate felonies as a first offender, his probation was never discharged or revoked, and he was never convicted of those predicate crimes

    Davis's 1991 first offender probation had not been revoked prior to his 1997 convictions, and therefore had not become convictions. Compare Daniels v. State, 271 Ga. 167 ( 517 S.E.2d 66) (1999). Thus, in 1997, he had not previously been convicted of a violent crime and could not be sentenced as a recidivist under OCGA § 17-10-7 (b) (2).

  2. Sutton v. State

    263 Ga. App. 188 (Ga. Ct. App. 2003)   Cited 11 times
    Finding no error where trial court erroneously told defendant that the range of punishment for armed robbery was "10-20 years in prison or life," when in fact, the trial court was required to, and ultimately did, sentence defendant as a recidivist to the maximum life in prison

    Sentencing is the critical moment for determining whether a defendant is a convicted felon for purposes of recidivist treatment. See Daniels v. State, 271 Ga. 167, 168-169 ( 517 S.E.2d 66) (1999). By the time he was sentenced in this case, Sutton had been adjudicated guilty of the prior charges.

  3. Morris v. State

    310 Ga. 443 (Ga. 2020)   Cited 2 times

    This made Morris a convicted felon. See, e.g., Roland v. Meadows , 273 Ga. 857, 858 (1), 548 S.E.2d 289 (2001) ("When a first offender probationer violates the terms of his probation and the trial court enters an adjudication of guilt, the court may impose any sentence permitted by law for the offense the probationer has been found guilty of committing."); Daniels v. State , 271 Ga. 167, 517 S.E.2d 66 (1999) (defendant was a "convicted felon" after trial court revoked defendant's first offender status and adjudicated him guilty of felony armed robbery based on defendant's violation of terms of his first offender probation). Morris's argument to the contrary is without merit.