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Jordash Tanksleyv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A0036
DecidedMay 29, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceJury InstructionsPlain ErrorSentencingVacaturRemand
Case Summary

A jury convicted Jordash Tanksley of burglary, armed robbery, aggravated assault, and possessing a firearm during a crime. On appeal, he argued that the trial court improperly threatened a State witness who testified under immunity, gave erroneous jury instructions, and imposed a recidivist sentence without proof of the required prior convictions. The Georgia Court of Appeals rejected the witness claim because the court’s warning did not prevent a defense witness from testifying or deny Tanksley the ability to present a defense. It also held that the jury instructions, considered as a whole, did not create plain error concerning armed robbery, intent, or participation. The court reached a different result on sentencing. The State introduced only part of the certified conviction evidence and did not carry its burden of proving that Tanksley was a recidivist under the governing statute. The sentence of life plus forty-five years was therefore vacated, while the convictions were affirmed. The State may present competent evidence of prior convictions at resentencing. The case was remanded for that proceeding.

Opinion

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