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Becker v. State

The trial court erred in sentencing the defendant as a recidivist pursuant to O.C.G.A. § 17-10-7 a and c and in believing that it was required to impose the maximum sentence for possession of methamphetamine.

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In February 2013, Richard Becker was found guilty of possession of methamphetamine1 and obstruction of an officer, and the trial court sentenced him as a recidivist to fifteen years, with the first seven years to be served in confinement and the remaining years to be served on probation.2 Becker challenges the sentence imposed for the possession of methamphetamine charge. Because, as the state points out in its appeal brief, the record reflects that the trial court erroneously believed that it had no discretion in sentencing Becker to the maximum period of time prescribed for the punishment of possession of methamphetamine, the case must be remanded for resentencing.

1. The trial court sentenced Becker as a recidivist pursuant to OCGA § 17-10-7 a and c. OCGA § 17-10-7 a pertinently provides that any person who, after having been convicted of a felony offense . . . commits a felony punishable by confinement in a penal institution shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense of which he . . . stands convicted; but the trial judge may . . . probate or suspend the maximum sentence prescribed for the offense. OCGA § 17-10-7 c pertinently provides that a defendant convicted of a fourth felony shall . . . serve the maximum time provided in the sentence of the judge and shall not be eligible for parole until the maximum sentence has been served.

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