Turner Benton v. State

• Court: Court of Appeals of Georgia
• Decided: March 2, 2023
• Docket: A21A1118
• Status: Published

Opinion

FOURTH DIVISION RICKMAN, C. J., DILLARD, P. J., and MERCIER, J.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

March 2, 2023

In the Court of Appeals of Georgia A21A1118. BENTON v. THE STATE.

DILLARD, Presiding Judge.

In Benton v. State (Benton II),1 the Supreme Court of Georgia reversed this Court’s opinion in Benton v. State (Benton I),2 in part, and vacated Turner Benton’s sentence for aggravated assault because he was ineligible to be sentenced as a recidivist under OCGA § 17-10-7 (c). Accordingly, we vacate our prior opinion as to Benton’s sentencing, adopt the opinion of the Supreme Court, and remand this case to the trial court for resentencing in a manner consistent with that opinion.3 Judgment vacated in part and case remanded for resentencing. Rickman, C. J., and Mercier, J. concur.

1 314 Ga. 498 (877 SE2d 603) (2022). 2 361 Ga. App. 19 (861 SE2d 672) (2021). 3 The Supreme Court of Georgia granted certiorari in this case only as to Benton’s challenge to the validity of his sentence, and the rest of our judgment in Benton I remains intact.