James William Moore entered a non-negotiated guilty plea to two counts of burglary. Moore’s GCIC report was introduced into evidence, and the trial court sentenced him as a recidivist to serve twenty years, seven of which would be served in confinement, with the balance on probation, pursuant to OCGA § § 17-10-7 a and c.1 On appeal, Moore contends that he should not have been sentenced as a recidivist. Specifically, he argues that the state did not give adequate notice of its intent to seek a recidivist sentence and failed to present certified copies of his convictions to the court. Moore also asserts as error the trial court’s decision to sentence him as a recidivist in spite of the state’s lack of a request that it do so. Because the state concedes that it did not ask the trial court for recidivist treatment and Moore asserts that he consented to the admissibility of his GCIC report under the assumption that he would not be sentenced as a recidivist, we remand for resentencing. Moore argues that he did not receive notice of the state’s intent to seek recidivist punishment. The record shows that the state filed its “Disclosure Certificate Pursuant to OCGA § 17-16-1″ on June 30, 2009, which provided that “all convictions, arrests, and bad conduct will be used in aggravation of punishment pursuant to OCGA § § 17-10-2 and 17-10-7 and for impeachment purposes pursuant to OCGA § 24-9-84″ and attached Moore’s GCIC report.2 Although we previously have held that “convictions listed on an attached GCIC as aggravation evidence in sentencing have sufficed as proper notice,”3 we decline to do so under the unique factual circumstances presented here.
In the instant case, Moore contends that he was told that he would not be sentenced as a recidivist. The state does not dispute Moore’s contention. Instead, it simply asserts that it did not intend that Moore be sentenced as a recidivist.4 We are mindful that regardless of the state’s intent, OCGA § 17-10-7 required the trial court to sentence Moore as a recidivist. However, the record is incomplete on the issue of whether Moore consented to the admissibility of the GCIC report, upon which the trial court relied to impose its sentence, with knowledge that he would be sentenced as a recidivist.
