In Davis v. State, 239 Ga. App. 318 (521 SE2d 368) (1999)
, we affirmed Tommie Coleman Davis' conviction and sentence for armed robbery and possession of a firearm during the commission of a crime. On certiorari, the Supreme Court reversed our ruling that Davis, who committed the crimes during the period of his first offender probation, could be sentenced as a recidivist under OCGA 17-10-7
(b) (2). Davis v. State, 273 Ga. 14 (537 SE2d 663) (2000)
. Instead, the Supreme Court held that guilty pleas Davis entered as a first offender did not Constitute convictions that could serve as a basis for sentencing him as a recidivist. Accordingly, Division 2 of our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court. The case is remanded to the trial court for a new sentencing hearing.
William T. McBroom III, District Attorney, Richard A. Vandever, Assistant District Attorney, for appellee.