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Bentonv.The State

CourtSupreme Court of Georgia
Docket No.S22G0104
DecidedJune 21, 2022
Reporter314 Ga. 498
JudgesSee official opinion.
Tags
CriminalSentencingFirst Offender ActRecidivist StatuteStatutory Interpretation
Case Summary

Turner Benton had three prior felony records, but the first had been resolved under Georgia’s First Offender Act without an adjudication of guilt. The Supreme Court held that repeated probation revocations did not convert that first-offender disposition into a conviction for Georgia’s recidivist-sentencing statute. Because Benton had not previously been convicted of three felonies, the enhanced sentence could not stand. The Court reversed and remanded for resentencing.

Opinion

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