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GARY v. STATE

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Court of Appeals of Georgia.

GARY v. The STATE.

No. A98A1518.

Decided: September 23, 1998

Copeland & Haugabrook, Karla L. Walker, Macon, for appellant. J. David Miller, District Attorney, Jennifer A. Thomas, Assistant District Attorney, for appellee.

John Gary pleaded guilty to shoplifting a pack of cigarettes having a value of $1.15.   Due to his prior shoplifting record this offense was a felony.  OCGA § 16-8-14.   The trial court imposed a ten-year sentence which Gary challenges as excessive in his sole enumeration of error.   Held:

It is undisputed that Gary had at least three prior convictions for theft by shoplifting.  OCGA § 16-8-14(b)(1)(C) requires the imposition of felony sentences of up to ten years upon a conviction of a fourth shoplifting offense.   The sentence imposed was within the statutory limits.   This court will not review for excessiveness sentences which fall within the statutory limits.  Sinkfield v. State, 262 Ga. 239, 416 S.E.2d 288 (1992).   Such issues should be addressed to the sentence review panel.  Hill v. State, 212 Ga.App. 386, 390(7), 441 S.E.2d 863 (1994).

Judgment affirmed.

HAROLD R. BANKE, Senior Appellate Judge.

JOHNSON, P.J., and SMITH, J., concur.

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