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COCHRAN v. STATE

Supreme Court of Georgia.
Feb 21, 2005
Important Paras
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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.

Cochran v. State, 276 Ga. 283 ( 576 SE2d 867) (2003).

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 ยง 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.

271 Ga. 686, 691 ( 523 SE2d 857) (1999).

Judgment affirmed. All the Justices concur.

DECIDED FEBRUARY 21, 2005.