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STATE v. CAIN

No. A01A1920.

558 S.E.2d 75 (2001)

253 Ga. App. 100

The STATE v. CAIN.

Court of Appeals of Georgia.

December 19, 2001.

Attorney(s) appearing for the Case

J. Tom Morgan, Dist. Atty., Benjamin M. First, Alison T. Burleson, Asst. Dist. Attys., for appellant.

Howard A. Becker, Atlanta, for appellee.

ANDREWS, Presiding Judge.

The issue raised in this appeal is whether the trial court erred in probating a portion of Kenneth Cain's sentence after Cain pled guilty to one count of burglary. The State argues on appeal that because this was Cain's second burglary conviction, the trial judge did not have discretion to probate a portion of his sentence. We agree and vacate the sentence.

OCGA § 16-7-1(b) provides:

Upon a second conviction for a crime...

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