Opinion
A91A0815.
DECIDED MAY 29, 1991.
Aggravated assault. Lowndes Superior Court. Before Judge McLane.
Bennett, Wisenbaker Bennett, C. Richard Williams, Jr., for appellant.
H. Lamar Cole, District Attorney, Bradfield M. Shealy, Assistant District Attorney, for appellee.
Thomas entered a guilty plea to a charge of aggravated assault, for which the maximum sentence is 20 years imprisonment. OCGA § 16-5-21 (b). He was sentenced to 15 years, ten years of imprisonment and five years of probation. On appeal, Thomas contends that the sentence constituted cruel and unusual punishment.
"`This court is not empowered to modify a sentence which is within the statutory limits for the offense. (Cits.)'" Morgan v. State, 197 Ga. App. 397 ( 398 S.E.2d 866) (1990). "`"Any question as to the excessiveness of a sentence, which in this case was within the legal limits, should be addressed to the appropriate sentence review panel." (Cits.)' [Cits.]" Gordon v. State, 190 Ga. App. 414 (1) ( 379 S.E.2d 221) (1989).
Judgment affirmed. Sognier, C. J., and McMurray, P. J., concur.