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Williams v. State

The trial court did not use a presentence investigation report to improperly increase the length of the defendant's sentence.

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Larry G. Williams was charged with three counts of selling cocaine. He entered a guilty plea on the three counts of sale of cocaine and requested a pre-sentence hearing pursuant to OCGA § 17-10-2. After the pre-sentence hearing, the trial court sentenced Williams to ten years probation on Count One, ten years probation on Count Two, and thirteen years imprisonment on Count Three. Williams appeals his sentence, contending that the trial court erred both in considering a probation officer’s pre-sentence report in determining the length of his sentence and also in refusing to share with him the contents of the pre-sentence report. We find no merit in these contentions.

1. Information in pre-sentence reports may not be regarded as evidence either in aggravation or mitigation of sentence since the reports are not part of the evidence introduced at a pre-sentence hearing. Benefield v. State.1 Williams maintains that the trial court improperly relied upon the pre-sentence report in sentencing him. He reasons that because the State produced nothing in aggravation at the pre-sentence hearing, and because the trial court imposed a sentence harsher than that recommended by the State in the settlement agreement, the harsher sentence must have been the result of the trial court’s consideration of the pre-sentence report.

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