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Daniels v. State
Citations: 271 Ga. 167; 517 S.E.2d 66; 99 Fulton County D. Rep. 2108; 1999 Ga. LEXIS 496Docket: S99A0597
Court: Supreme Court of Georgia; June 1, 1999; Georgia; State Supreme Court
Otis Daniels appeals his guilty plea to charges of murder and kidnapping with bodily injury, arguing that the trial court incorrectly classified him as a repeat offender under OCGA § 17-10-7 due to his prior conviction being under the First Offender Act. He contends that, at the time of his guilty plea, he had no prior convictions because his first-offender status had resulted in a probated sentence. However, the record reveals that his first-offender probation was revoked after he violated its terms, leading to his adjudication as a felon. Consequently, the trial court's decision to sentence him as a repeat offender was upheld, affirming the legality of the maximum consecutive life sentences imposed for the crimes, which included malice murder, kidnapping, armed robbery, and other offenses. The court noted that Daniels's argument lacked merit, as he had been a convicted felon at the time of sentencing. Additionally, his claims regarding his ability to plead guilty to firearm possession as a felon and the applicability of OCGA § 16-11-133 were also rejected. The appeal was ultimately affirmed by the court.