COCHRAN v. STATE

FLETCHER, Chief Justice.

After this Court overturned Antonio B. Cochran's malice murder conviction, the State elected to re-sentence Cochran to life in prison for the remaining felony murder conviction. On appeal, Cochran contends that the new sentence is void because the trial court failed to conduct a hearing before issuing the new sentence.

In Williams v. State, however, this Court held that "a sentence imposed by a trial court in a non-death penalty case is not rendered void by the court's failure to conduct a pre-sentence hearing under OCGA § 17-10-2." Moreover, felony murder carries a mandatory life sentence, and as that was the only conviction at issue, the sentence imposed is required by law and Cochran suffered no harm by the failure to hold a pre-sentence hearing.

Judgment affirmed. All the Justices concur.