Thomas v. State

Thomas v. the State

Thomas v. State, 228 S.E.2d 386 (Ga. Ct. App. 1976)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: July 16, 1976
Docket: No. 52456
Judges: Clabk, Bell, Stolz
Citations: 228 S.E.2d 386139 Ga. App. 3641976 Ga. App. LEXIS 1808

Cited by 9

Opinion — Clabk

Clabk, Judge.

Defendant entered guilty pleas to each of three burglary charges lodged against him. He was sentenced by the trial judge to three years for each offense to be served consecutively. Defendant’s sole enumeration of error asserts that the sentences imposed were "unreasonable” in view of the nature of the crime.

This court is not empowered to modify a sentence which is within the statutory limits and lawfully imposed.

See McCullough v. State, 11 Ga. App. 612, 618 (6) ( 76 SE 393 ); Code §§ 27-2502, 27-2503, 27-2510. Since defendant has urged no legal basis for a reversal of the judgment of *365 sentence, this court will not disturb the trial judge’s discretion in this matter. We note, however, that the procedures established by Ga. L. 1974, pp. 352, 358, codified as § 27-2511.1 regarding the review of sentences offer an available remedy to defendant’s claim of excessive harshness.

Submitted July 13, 1976 Decided July 16, 1976.

Jesse DuBose, for appellant.

Claude N. Morris, District Attorney, for appellee.

Judgment affirmed.

Bell, C. J., and Stolz, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

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State Appellate Courts9

Relies on it most ⓘ

Chandler v. State239 S.E.2d 158 (Ga. Ct. App. 1977)
Morrison v. State352 S.E.2d 622 (Ga. Ct. App. 1987)
Yarbrough v. State260 S.E.2d 369 (Ga. Ct. App. 1979)
Doby v. State326 S.E.2d 506 (Ga. Ct. App. 1985)
Garland v. State286 S.E.2d 330 (Ga. Ct. App. 1981)
Gordon v. State379 S.E.2d 221 (Ga. Ct. App. 1989)

Most recent

Gordon v. State379 S.E.2d 221 (Ga. Ct. App. 1989)
Morrison v. State352 S.E.2d 622 (Ga. Ct. App. 1987)
Doby v. State326 S.E.2d 506 (Ga. Ct. App. 1985)
Lowry v. State318 S.E.2d 744 (Ga. Ct. App. 1984)
Avery v. State288 S.E.2d 298 (Ga. Ct. App. 1982)
Garland v. State286 S.E.2d 330 (Ga. Ct. App. 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	McCullough v. State, 76 S.E. 393 (Ga. Ct. App. 1912)	18

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