This appeal is before the Court upon grant of a writ of certiorari. See Allen v. State , 292 Ga. App. 133 663 SE2d 370 2008. In 1987, appellant Joseph E. Allen pled guilty to theft by taking, robbery by sudden snatching, robbery by force, aggravated assault, and simple battery and was sentenced to twenty years, ten to serve. He was eventually released on parole; however, in March 2000, his parole was revoked and he returned to prison to serve the remainder of the sentence for his 1987 convictions. On February 15, 2001, while lawfully confined for his 1987 convictions, appellant escaped. Upon his capture, appellant was indicted for felony escape1 pursuant to OCGA § 16-10-52 a 1.2 Subsequent to this indictment, appellant was convicted, on August 15, 2001, of numerous felonies related to a series of armed robberies.3 On October 29-30, 2001, appellant was tried and convicted of escape. At that trial, the State introduced appellant’s 1987 convictions as evidence in its case in chief, introduced appellant’s August 2001 convictions for impeachment purposes, and introduced both sets of convictions at the sentencing phase. The trial court sentenced appellant to ten years five to serve; five on probation pursuant to OCGA § 16-10-52 b which, at the time of appellant’s escape, provided: A person who, having been convicted of a felony or misdemeanor, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years. Appellant received the maximum ten year sentence for felony escape because of his status as a recidivist per OCGA § 17-10-7 a.4
The Court of Appeals affirmed appellant’s conviction and sentence for escape; however, it cited to the July 2001 version of OCGA § 16-10-52 b5 instead of the pre-July 2001 version which was in effect at the time appellant escaped. In response to appellant’s contention that his 1987 convictions could not be used to prove the offense of felony escape and as a prior conviction for recidivist sentencing under OCGA § 17-10-7 a, the Court of Appeals concluded that because the August 2001 convictions supported felony escape under OCGA § 16-10-52 b, the 1987 convictions could be used to sentence appellant as a recidivist.6 We granted appellant’s application for certiorari to clarify issues raised below.
