Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Muhammad v. State

The defendant could not complain that the trial court failed to exercise its discretion to probate or suspend part of his recidivist sentence since the court reviewed the defendant's prior convictions and O.C.G.A. § 17-10-7 at the presentence hearing.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Yahya Muhammad guilty of burglary and the court sentenced him to the maximum of 20 years without parole pursuant to the sentencing provisions for recidivist offenders under OCGA § 17-10-7 c. On direct appeal, this Court affirmed Muhammad’s conviction in an unpublished opinion Case No. A95A0030, July, 26, 1995, while the Sentence Review Panel affirmed the recidivist sentence imposed by the trial court. This instant appeal arises from the denial of Muhammad’s subsequent “Motion to Correct a Vacated Case for Resentencing.” Although a trial court cannot modify a sentence after the term in which it was rendered, the court may nevertheless resentence a defendant whose original sentence was illegal, at any time.1 Accordingly, Mohammad’s appeal is properly before us.2

1. In felony cases where the jury returns a guilty verdict, OCGA § 17-10-2 a requires the trial court to conduct a presentence hearing to determine the punishment to be imposed. The record reflects that such a hearing was held in this case, where the court heard evidence in extenuation, mitigation, and aggravation of punishment including Muhammad’s prior convictions. Thus, Muhammad’s fourth enumeration is without merit.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs