BENTON v. STATE (2023)

Court of Appeals of Georgia.

BENTON v. The STATE.

A21A1118

Decided: March 02, 2023

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

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.

FOOTNOTES

1. 314 Ga. 498 (877 SE2d 603) (2022).

2. 361 Ga. App. 19 (861 SE2d 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.

Dillard, Presiding Judge.

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

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