Dryer v. State , 205 Ga. App. 671 ( 1992 )

Beasley, Judge,

concurring specially.

With respect to Division 4, it is necessary to construe subsection (c) as it relates to guilty pleas. Defendant was indicted under OCGA § 17-10-7 (a), which alleges two prior “convictions” within the meaning of OCGA § 17-10-7 (c). The judge apparently thought he was sentencing under OCGA § 17-10-7 (b). He may have considered the armed robbery as a separate “conviction,” but it,, too, was sentenced at the same time as the other guilty pleas on June 24, 1977. The seven guilty pleas on June 24 are to be regarded as one “conviction” due to OCGA § 17-10-7 (c), so defendant was subject to subsection (a) and not subsection (b).

Although the court indicated some uncertainty as to whether or not he had discretion, he clearly ruled that, assuming he did, he chose to impose the maximum sentence.