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Thomas v. State

228 S.E.2d 386, 139 Ga. App. 364, 1976 Ga. App. LEXIS 1808
CourtCourt of Appeals of Georgia
DecidedJuly 16, 1976
Docket52456
StatusPublished
Cited by9 cases

This text of 228 S.E.2d 386 (Thomas v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. State, 228 S.E.2d 386, 139 Ga. App. 364, 1976 Ga. App. LEXIS 1808 (Ga. Ct. App. 1976).

Opinion

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.

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Bluebook (online)
228 S.E.2d 386, 139 Ga. App. 364, 1976 Ga. App. LEXIS 1808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-state-gactapp-1976.