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inadmissible as evidence of recidivism when defendant received and successfully completed first-offense probation).” Gearin v. State, 269 Ga.App. 187, 603 S.E.2d 709 (August 20, 2004). Unanimous full court decision. Recidivist sentencing under OCGA § 17-10-7 applies to guilty pleas as well as sentences entered in other contexts. “[I]t is only the notice provision of OCGA § 17-10-2(a) that is inapplicable where sentence is imposed pursuant to a guilty plea.” “The statement in Cole v. State, [262 Ga.App. 856, 586 S.E.2d 745 (2003)] at 857, that OCGA § 17-10-7(a) ‘“is not applicable to sentences imposed pursuant to a hearing on a guilty plea”’ is incorrect and must be overruled.” Allen v. State, 268 Ga.App. 519, 602 S.E.2d 250 (July 15, 2004). “‘ Where the State proves a defendant’s prior felony convictions for the purpose of convicting him of being a convicted felon in possession of a firearm, it may not also use those prior convictions in aggravation of punishment.’ Caver v. State, 215 Ga.App. 711 (452 S.E.2d 515) (1994). And this Court has previously determined that the legislature did not intend that the allegation and evidence of a prior felony necessary for a conviction of possession of a firearm by a convicted felon could also be used to punish the defendant as a repeat offender under OCGA § 17-10-7. King v. State, 169 Ga.App. 444, 445 (313 S.E.2d 144) (1984). Thus, the state must elect whether it intends to use such evidence to support a conviction for possession of a firearm by a convicted felon or for recidivist sentencing. See Caver v. State, 215 Ga.App. at 713(4); State v. Freeman, 198 Ga.App. 553, 555- 556(2) (402 S.E.2d 529) (1991).” Accord, Thompson v. State , 294 Ga.App. 768, 670 S.E.2d 226 (November 21, 2008) (prior felony was not tendered in evidence, thus defendant was acquitted on charge of felon in possession of firearm; felonoy was thus available to enhance sentence). But see Slaughter (June 13, 2011), above (rule only applies to sentencing under OCGA § 17-10-7(a); same prior conviction can be used both for proof of offense of felon in possession of firearm and for recidivist sentencing under OCGA § 17-10-7(c)). Disapproved, Hillman v. Johnson , 297 Ga. 609, 774 S.E.2d 615 (June 29, 2015) ( King limited to offenses where the prior felony is used both as an element of the new offense and to impose mandatory recidivist sentencing ). Farmer v. State, 268 Ga.App. 831, 603 S.E.2d 16 (June 25, 2004). “‘[F]or the purpose of imposition of punishment – armed robbery is not a capital felony. Collins v. State, 239 Ga. 400, 402 (236 S.E.2d 759) [1977]. The general recidivist statute includes – for purpose of punishment – the offense of armed robbery. Davis v. State, 159 Ga.App. 356, 361(4)(b) (283 S.E.2d 286) (1981). Under the authority of Collins and Davis, this court has held if death is not a possible sentence, insofar as punishment is concerned, the offense cannot be capital, and a defendant charged with armed robbery may be indicted as a recidivist.’ (Citations and punctuation omitted.) Getty v. State, 207 Ga.App. 736, 737- 738 (429 S.E.2d 100) (1993).” Accord, Dempsey v. State , 279 Ga. 546, 615 S.E.2d 522 (June 30, 2005). Lee v. State, 267 Ga.App. 834, 600 S.E.2d 825 (June 15, 2004). “Court did not err in imposing recidivist sentencing under OCGA § 17-10-7(b)(2) although prior conviction was committed when defendant was 13 years old; defendant was tried as an adult for the offense of aggravated child molestation. “[B]ecause Lee was adjudicated as an adult under the indictment in the prior case, his age at the time that he committed the crimes is irrelevant.” Dixon v. State, 267 Ga.App. 479, 600 S.E.2d 415 (May 19, 2004). Although OCGA § 17-10-7(c) expressly does not apply to capital felonies, armed robbery is no longer a capital felony. See Collins v. State, 239 Ga. 400, 236 S.E.2d 759 (1977). Headspeth v. State, 266 Ga.App. 414, 597 S.E.2d 503 (March 19, 2004). “Headspeth’s prior [expired] first offender sentence was not a felony ‘conviction’ and could not be used to support the imposition of a recidivist sentence under OCGA § 17-10-7(c). Accord, Swan v. State , 276 Ga.App. 827, 625 S.E.2d 97 (December 13, 2005). Smith v. State, 266 Ga.App. 111, 596 S.E.2d 230 (March 4, 2004). Trial court erred in sentencing defendant as a recidivist based on prior conviction where superior court lacked jurisdiction over defendant, then a juvenile. Thompson v. State, 266 Ga.App. 29, 596 S.E.2d 205 (March 3, 2004). “Where the state gave a defendant notice that it intended to seek sentencing under the recidivist statute and, at sentencing, offered in evidence certified copies of previous convictions, imposition of an enhanced sentence is not invalid on the basis that the trial court never formally admitted the certified copies into evidence. [Cit.] Clearly, the state offered evidence of Thompson's prior conviction, Thompson opted not to contest that conviction, and the trial court considered that conviction in sentencing Thompson as a recidivist. Under these circumstances, we affirm the judgment sentencing Thompson as a recidivist.” Accord, Wells v. State , 313 Ga.App. 528, 722 S.E.2d 133 (January 12, 2012) (State attached copies of prior convictions to notice of intent to seek recidivist sentencing, but failed to tender same at sentencing hearing).

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