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State v. Jones

The trial court lacked discretion to sentence the defendant to anything other than life without parole on his fourth felony conviction.

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Under the recidivist sentencing provisions in OCGA § 17-10-7, the trial court sentenced Carlton Jones to life in prison without possibility of parole. On motion for reconsideration, the trial court set aside the life sentence and re-sentenced Jones to less than a life sentence.1 The State appeals, asserting that the trial court erred in re-sentencing Jones. Specifically, the State contends that the trial court lacked discretion to sentence Jones to anything but life in prison without possibility of parole. We agree.

The relevant facts show that on February 9, 2000, Carlton Jones invaded a home and sexually molested a minor child. Jones pled guilty to numerous felonies stemming from this incident, including burglary, terroristic threats, aggravated sexual battery, child molestation, aggravated sodomy, and possession of a firearm during the commission of a crime. Following a bench trial, the trial court also found Jones guilty of kidnaping and robbery by intimidation stemming from the same incident.

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