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Buckner v. State

Based on defendant's four prior felony convictions, the trial court correctly understood that under O.C.G.A. § 17-10-7 it was required to impose the maximum sentence for each current felony conviction.

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During its deliberations on a criminal matter, the jury asked for a copy of the trial transcript. After consulting with counsel but without the defendant present, the judge wrote the jury a note that no copy was available and that they should rely upon their memories as to the evidence. The first issue on appeal is whether the failure to conduct this part of the trial in the defendant’s presence was reversible error. The second issue is whether the court erred in concluding that it was required to impose the maximum sentence on a five-time felony recidivist. As we answer both issues in the negative, we affirm defendant’s convictions.

Construed in favor of the verdict, the evidence showed that someone stole a green Mustang vehicle, which police saw Cedric Buckner driving a few days later. Buckner led police on a high-speed chase, which ended with Buckner narrowly escaping on foot after crashing the vehicle. In the Mustang, police found items stolen that day and the preceding few days from two local residences and from a vehicle in the vicinity.

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