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THOMAS v. STATE

Court of Appeals of Georgia.
May 29, 1991

ANDREWS, Judge.

Thomas entered a guilty plea to a charge of aggravated assault, for which the maximum sentence is 20 years imprisonment. OCGA ยง 16-5-21 (b). He was sentenced to 15 years, ten years of imprisonment and five years of probation. On appeal, Thomas contends that the sentence constituted cruel and unusual punishment.

"`This court is not empowered to modify a sentence which is within the statutory limits for the offense. (Cits.)'" Morgan v. State, 197 Ga. App. 397 ( 398 S.E.2d 866) (1990). "`"Any question as to the excessiveness of a sentence, which in this case was within the legal limits, should be addressed to the appropriate sentence review panel." (Cits.)' [Cits.]" Gordon v. State, 190 Ga. App. 414 (1) ( 379 S.E.2d 221) (1989).

Judgment affirmed. Sognier, C. J., and McMurray, P. J., concur.

DECIDED MAY 29, 1991.