Getty v. State

Getty was indicted as a recidivist and charged with armed robbery (OCGA § 16-8-41 (a)), and burglary (OCGA § 16-7-1). He was convicted by a jury of the former offense and pled guilty to the latter. He was sentenced as a recidivist to life imprisonment for armed robbery and to a concurrent ten-year term for burglary. His conviction was affirmed on appeal to this court on the sole ground raised, sufficiency of the evidence. Getty v. State, 202 Ga. App. 490 (415 S.E.2d 29) (1992). The case is now before us from the denial of appellant's pro se ""motion to correct illegally imposed sentence."" Finding no legal error in the sentence, we affirm. Appellant contends that the trial court exceeded its discretion in sentencing him to life imprisonment and thus violated his rights to due process of law as guaranteed under the Fourteenth Amendment to the United States Constitution.