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Nathan Rangerv.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1835
DecidedFebruary 2, 2015
Reporter330 Ga. App. 578; 768 S.E.2d 768
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray
Tags
CriminalCriminal ProcedureSentencingStatutory InterpretationVacaturRemand
Case Summary

Nathan Ranger pleaded guilty to two robbery counts, three robbery counts reduced from armed robbery, and attempted robbery after the State filed notice that it would seek recidivist sentencing. He later moved to withdraw the plea, asserting that he did not understand he would be sentenced as a recidivist, and separately argued that his 20-year sentence for attempted robbery exceeded the statutory maximum. The Court of Appeals of Georgia held that the plea was knowing and voluntary because the pretrial record repeatedly discussed recidivist sentencing, counsel acknowledged it, and Ranger confirmed during the colloquy that he understood the sentence and that a nonrecidivist sentence was unavailable. The court nevertheless held that the attempted-robbery sentence was illegal: robbery carried a 20-year maximum, and the attempt statute limited punishment to one-half that maximum, or 10 years. The court affirmed denial of the plea-withdrawal motion, vacated the attempted-robbery sentence, and remanded for resentencing.

Opinion

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