Thomas v. State ( 1991 )


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  • Andrews, Judge.

    Thomas entered a guilty plea to a charge of aggravated assault, for which the maximum sentence is 20 years imprisonment. OCGA § 16-5-21 (b). He was sentenced to 15 years, ten years of imprisonment and five years of probation. On appeal, Thomas contends that the sentence constituted cruel and unusual punishment.

    “ ‘This court is not empowered to modify a sentence which is within the statutory limits for the offense. (Cits.)’ ” Morgan v. State, 197 Ga. App. 397 (398 SE2d 866) (1990). “ ‘ “Any question as to the excessiveness of a sentence, which in this case was within the legal limits, should be addressed to the appropriate sentence review panel.” (Cits.)’ [Cits.]” Gordon v. State, 190 Ga. App. 414 (1) (379 SE2d 221) (1989).

    Judgment affirmed.

    Sognier, C. J., and McMurray, P. J., concur.

Document Info

Docket Number: A91A0815

Judges: Andrews

Filed Date: 5/29/1991

Precedential Status: Precedential

Modified Date: 11/8/2024