Howard v. State , 161 Ga. App. 743 ( 1982 )

Carley, Judge,

concurring specially.

I agree with the majority that this case must be remanded to the trial court for resentencing in accordance with Code Ann. § 27-2503. However, I do think it is clear that the presentence report envisioned by Code Ann. § 27-2709 may not under any circumstances be used to determine the length of a sentence. Therefore I agree with the dissent that Threatt v. State, 156 Ga. App. 345 (274 SE2d 734) (1980) should be overruled to the extent that it is in conflict with Munsford v. State, 235 Ga. 38, 45 (218 SE2d 792) (1975).