437 S.E.2d 839
A93A2506.Court of Appeals of Georgia.
DECIDED NOVEMBER 5, 1993. RECONSIDERATION DENIED NOVEMBER 12, 1993.
JOHNSON, Judge.
This is the second appearance of this case in this court.[1]
In the
Page 869
original appeal, Morton v. State, 206 Ga. App. 413
(425 S.E.2d 336) (1992), Albert W. Morton’s conviction was affirmed, but his sentence was vacated because, as the State conceded, it exceeded the range authorized by law for the offense. The case was remanded for resentencing only. On remand, the trial court imposed a sentence which is well within the range authorized by law for the offense.
In this reappearance of the case, Morton seeks to raise again the merits of his underlying conviction. These issues, having previously been decided against him, may not be raised and considered again.
Judgment affirmed. McMurray, P. J., and Blackburn, J., concur.
(420 S.E.2d 40) (1992); Morton v. State, 193 Ga. App. 119
(387 S.E.2d 9) (1989).
DECIDED NOVEMBER 5, 1993 — RECONSIDERATION DENIED NOVEMBER 12, 1993 — CERT. APPLIED FOR.
Sentence. Fulton State Court. Before Judge Carnes.
Albert W. Morton, pro se.
Paul L. Howard, Jr., Solicitor, Phyllis M. Burgess, Deborah W. Espy, Assistant Solicitors, for appellee.