Ernest Lee Woodard challenges in this appeal his convictions for the murder of Rio Barber, an aggravated assault against Steve Kyler, an aggravated assault against Quinton Dillard, and possession of a firearm during commission of a crime.1 The evidence at trial established the following. As Barber, Kyler, Dillard, and another friend walked along a street in Fulton County, they were confronted by Woodard who pointed a pistol at the group of friends and, as the group ran in fear of being shot, began firing. Barber was struck in the abdomen by a single bullet. One of the group of friends and a cousin of Barber’s who was nearby testified Woodard was the shooter. In the ambulance on the way to the hospital, Barber was asked who shot him and answered, “Fox.” Other testimony established Woodard was known in the neighborhood as Fox. 1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find Woodard guilty beyond a reasonable doubt of the offenses for which he was convicted and sentenced. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.
2. The trial court’s imposition of a sentence of life without the possibility of parole for malice murder was based on the State’s notice of intent to seek recidivist punishment pursuant to OCGA § 17-10-7and on the admission into evidence of certified copies of five previous felony convictions. Since none of the felonies listed on the notice of intent to seek recidivist sentencing is a “serious violent felony” as defined in OCGA § 17-10-6.1, Woodard is not subject to sentencing as a recidivist under OCGA § 17-10-7 b. Ball v. State , 233 Ga. App. 859 2 506 SE2d 149 1998. The State concedes that sentence is illegal if it was based on subsection c of OCGA § 17-10-7: Since murder is a capital felony and OCGA § 17-10-7c expressly excepts from its purview capital felonies, it follows that a sentence under that Code section is a punishment which the law does not allow to be imposed for murder. . . . A sentence which is not allowed by law is void . . . . Cit. That being so, the sentence of life imprisonment without possibility of parole must be vacated and the case remanded to the trial court with direction to enter a legal sentence. Funderburk v. State , 276 Ga. 554 2 580 SE2d 234 2003. The same result is required in this case.
