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Stone v. State

Defendant's prior guilty pleas to separate offenses arising out of the same conduct are deemed to be one conviction for sentencing purposes under O.C.G.A. § 17-10-7.

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Ricky Stone pled guilty to violating the Georgia Controlled Substances Act VGCSA by selling five pounds of marijuana to an undercover law enforcement officer.1 The State tendered three prior felony convictions in aggravation of punishment, and the trial court sentenced Stone to ten years in prison without parole under OCGA § 17-10-7 c, which governs sentencing for repeat offenders. In his sole enumeration of error, Stone contends that the trial court erred in sentencing him under this code section. Stone argues that two of the prior convictions were pleas that had been consolidated for trial under OCGA § 17-10-7 d and, thus, are deemed to be only one conviction. We agree and reverse.

Under OCGA § 17-10-7 c, any person who, after having been convicted of three felonies, commits a subsequent felony, is required to serve the maximum sentence and is ineligible for parole. OCGA § 17-10-7 d provides that

 
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