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Robbins v. State

The trial court properly determined that the defendant's recidivist sentencing was authorized, since there was no evidence presented that one of the three convictions upon which the trial court relied to enhance the defendant's sentences had been discharged under the First Offender Act.

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Bruce Robbins appeals from an order of the Superior Court of Clayton County which denied his pro se motion to set aside allegedly void sentences. In denying the motion, the court held that Robbins had failed to demonstrate that his enhanced sentences, which were entered pursuant to OCGA § 17-10-7 c, were void. Robbins contends that the court erred in denying his motion, arguing that recidivist punishment was not authorized because one of the three convictions upon which the court relied to enhance his sentences had been discharged under the First Offender Act. For the following reasons, we affirm.

The record shows that, on December 13, 2006, a jury convicted Robbins of armed robbery Count I, aggravated assault with intent to murder Count II, aggravated battery Count III, and possession of a firearm during the commission of a crime Count V, convictions arising from an incident in which Robbins shot the victim in the head, destroying the victim’s right eye, and then took $60 from the victim at gunpoint. During the sentencing hearing, the State presented certified copies of three prior felony convictions in aggravation, all of which were admitted without objection. Specifically, the State proved that Robbins had three prior felony convictions from Fulton County, one for burglary and two for possession of cocaine.

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