Johnson v. State

Pope, Judge,

concurring specially.

I agree with the majority opinion that appellant’s conviction must be affirmed. I further agree with the majority that this case need not be remanded for resentencing. As correctly noted by both the majority and the dissent, no objection was made at the sentencing hearing to the admissibility of appellant’s prior convictions on the ground that such evidence was not properly made known to him prior to trial as required by OCGA § 17-10-2 (a). In my view, appellant’s failure to object on this ground at the pre-sentence hearing eliminates our review of that phase of the proceedings. See McDuffie v. Jones, 248 Ga. 544 (3) (283 SE2d 601) (1981); Black v. State, 146 Ga. App. 226 (246 SE2d 133) (1978); Bradshaw v. State, 145 Ga. App. 664 (1) (244 SE2d 600) (1978).

I am authorized to state that Presiding Judge Banke, Judge Birdsong and Judge Carley join in this special concurrence.