Headspeth v. State

The defendant's prior first offender sentence could not be used to support the imposition of a recidivist sentence because it was not a felony "conviction" after being automatically discharged upon the expiration of the probationary period.

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A Douglas County jury found Charles Headspeth guilty of armed robbery, three counts of aggravated assault, three counts of kidnaping, theft by receiving stolen property, possession of a firearm during the commission of a felony, and obstruction of an officer, which charges arose from Headspeth’s participation in the armed robbery of the Brookwood Exxon Kwik Mart convenience store located at the intersections of Burnt Hickory and Midways Roads in Douglasville. Without challenging the sufficiency of the evidence against him, which included an apparently clear videotape of the incident and his detailed confession, Headspeth appeals and claims that the trial court erred by failing to merge certain convictions for purposes of sentencing and that the trial court erred when it imposed a recidivist sentence under OCGA § 17-10-7 c in the absence of three prior felony convictions. Based upon the record and the arguments of the parties, we find as follows. a The State concedes that Headspeth’s conviction on Count 3 of the indictment should have been merged with his conviction on Count 1 for purposes of sentencing. Accordingly, Headspeth’s sentence under Count 3 is hereby vacated.

b Likewise, the State concedes that Headspeth’s convictions on Counts 4 and 5 of the indictment should have been merged with his convictions on Counts 7 and 8 for purposes of sentencing. Accordingly, the sentences imposed under Counts 4 and 5 are hereby vacated.

Headspeth v. State

The defendant's prior first offender sentence could not be used to support the imposition of a recidivist sentence because it was not a felony "conviction" after being automatically discharged upon the expiration of the probationary period.

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