Compare Robinson, supra (separate indictments and separate sentencing orders refuted claim that indictments were consolidated although sentences were concurrent). Finally, the two convictions arose from different crimes committed on different dates, which also militates against finding consolidation. Moore v. State, 251 Ga. App. 295, 296 (1) ( 554 SE2d 204) (2001) (prior indictments were not "consolidated for trial" when "[t]he convictions at issue arose from separate crimes against different victims which occurred on different days"); cf. Stone v. State, 245 Ga. App. 728, 729 ( 538 SE2d 791) (2000) ("[W]here multiple offenses arise from the same incident, the offenses are consolidated for trial within the meaning of OCGA ยง 17-10-7 (d)."). OCGA ยง 17-10-7 (d) states: "For the purpose of this Code section, conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction."
Head v. State, 253 Ga. App. 757, 759 (3) ( 560 SE2d 536) (2002).Moore v. State, 251 Ga. App. 295, 296-297 (1) ( 554 SE2d 204) (2001). Thus, the record reflects that the five convictions were not consolidated for trial. The trial court necessarily was sentencing Harper under OCGA ยง 17-10-7 (c), which applies to defendants having three or more prior felony convictions, and accordingly sentenced Harper correctly.
Based upon this subsection, the trial court correctly concluded that the life sentence was mandated to be without parole. State v. Jones, supra; Cook v. State, 255 Ga. App. 405, 406 ( 565 S.E.2d 487) (2002); Moore v. State, 251 Ga. App. 295, 296(1) ( 554 S.E.2d 204) (2001); Howard v. State, 233 Ga. App. 724, 725 (1) ( 505 S.E.2d 768) (1998). Judgment affirmed. Barnes and Adams, JJ., concur.
Daniels v. State, 244 Ga. App. 522 ( 536 S.E.2d 206) (2000).Moore v. State, 251 Ga. App. 295 ( 554 S.E.2d 204) (2001). 2.
Getty v. State, 207 Ga. App. 736, 737 ( 429 S.E.2d 100) (1993). See id.; Moore v. State, 251 Ga. App. 295 ( 554 S.E.2d 204) (2001).Judgment affirmed.
No. 01-9326 MOORE v. GEORGIA. Ct. App. Ga. Certiorari denied. Reported below: 251 Ga. App. 295, 554 S.E.2d 204. No. 01-9327 CHAMBERS v. TURLEY ET AL. C.A. 8th Cir. Certiorari denied.