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S11A0158. BASS v. THE STATE et al.
State: Georgia
Court: Supreme Court
Docket No: S11A0158
Case Date: 03/25/2011
Preview:Final Copy 289 Ga. 101 S11A0158. BASS v. THE STATE et al. THOMPSON, Justice. Bass was indicted for aggravated assault and escape prior to conviction. He pled guilty and was sentenced to ten years on probation for the escape charge. Bass filed a petition for habeas corpus raising various claims, including a claim that the sentence for escape was invalid because it was outside the statutory range. The habeas court denied the petition and Bass applied to this Court for a certificate of probable cause to appeal. We granted Bass' application and posed this question: Did the habeas court err in holding that petitioner's sentence of ten years on probation for escape fell within the statutory range? Because Bass was charged with escape from lawful custody prior to conviction of any offense, the maximum sentence was five years. OCGA
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