placeStateWashingtonv. State

The trial court did not err in ruling that, pursuant to O.C.G.A. § 17-10-7 c, the defendant was ineligible for parole because he had three prior felony convictions.

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After a bench trial, Robert Washington was convicted of two counts of aggravated battery, possession of a firearm during the commission of a crime and possession of a firearm after having previously been convicted of a felony involving use of a firearm. In sentencing StateStateWashingtonthe trial court ruled, pursuant to subsection c of the repeat offender statute, OCGA § 17-10-7, that he is ineligible for parole, because he has three prior felony convictions. Washington appeals, arguing that the trial court erred in sentencing him under OCGA § 17-10-7 c, because one of his prior felonies was used to prove the charge of possession of firearm after having previously been convicted of a felony involving a firearm, and thus he argues, pursuant to King v. State , 169 Ga. App. 444 313 SE2d 144 1984 and its progeny, that prior felony cannot also be used to enhance his punishment. But King and its progeny do not apply to this case. We therefore affirm. King applies only when a defendant is sentenced under both the statute that prohibits convicted felons from possessing a firearm and imposing a range of sentences upon those convicted of doing so, OCGA § 16-11-131, and under subsection a of OCGA § 17-10-7, the repeat offender statute. Walker v. Hale , 283 StateStateGa.131 1 657 SE2d 227 2008. StateStateWashingtonwas sentenced not under OCGA § 16-11-131, but under OCGA § 16-11-133, which imposes a fixed term of incarceration upon convicted felons who use a firearm in the commission of a crime, and subsection c of § 17-10-7.

OCGA § 16-11-131 prescribes incarceration for one to five years as punishment for possession of a firearm by a convicted felon. OCGA § 16-11-133 imposes a fixed 15-year sentence for use of a firearm by a convicted felon in the commission of a felony.

placeStateWashingtonv. State

The trial court did not err in ruling that, pursuant to O.C.G.A. § 17-10-7 c, the defendant was ineligible for parole because he had three prior felony convictions.

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