In Benton v. State (Benton II),
1
the Supreme Court of Georgia reversed this Courts opinion in Benton v. State (Benton I),
2
in part, and vacated Turner Bentons sentence for aggravated assault because he was ineligible to be sentenced as a recidivist under OCGA § 17-10-7 (c). Accordingly, we vacate our prior opinion as to Bentons sentencing, adopt the opinion of the Supreme Court, and remand this case to the trial court for resentencing in a manner consistent with that opinion. 3
Judgment vacated in part and case remanded for resentencing.
FOOTNOTES
1
. 314 Ga. 498 (877 SE2d 603) (2022).
2
. 361 Ga. App. 19 (861 SE2d 672) (2021).
3
. The Supreme Court of Georgia granted certiorari in this case only as to Bentons challenge to the validity of his sentence, and the rest of our judgment in Benton I remains intact.
Dillard, Presiding Judge.
Rickman, C. J., and Mercier, J. concur.