The defendant was convicted of armed robbery and appeals after the overruling of his motion for new trial. Held:
1. We consider this appeal in compliance with the ruling of the Supreme Court in Collins v. State, 239 Ga. 400
, 402 (2) (236 SE2d 759
The trial judge conducted a sentencing hearing after verdict at which previous convictions of the defendant were introduced and the following colloquy occurred. The court: "You got two prior felony convictions and I believe it -- some provisions of the law, that a conviction of the third felony, on certain conditions, that maximum penalty should be imposed." Prosecuting attorney: "That is correct, Your Honor."
It is well settled that "one must be indicted as a recidivist in order to impose recidivist punishment." Riggins v. Stynchombe, 231 Ga. 589
, 593 (203 SE2d 208
). Accord, Fore v. State, 237 Ga. 507 (3) (228 SE2d 885)
. However, under Code Ann. 27-2503 (Ga. L. 1974, pp. 352, 357), prior convictions may be introduced at the presentence hearing in "aggravation of punishment." Bradley v. State, 135 Ga. App. 865 (219 SE2d 451)
. The trial judge has a discretion in imposing sentence within the parameters of the punishment prescribed and defendant's remedy for excessive harshness lies under Code Ann. 27-2511.1 (Ga. L. 1974, pp. 352, 358; 1977, pp. 1098, 1104, eff. July 1, 1977). Lee v. State, 139 Ga. App. 65 (227 SE2d 878)
; Thomas v. State, 139 Ga. App. 364 (228 SE2d 386)
Here no contention is made as to lack of prior notice of the convictions under Code Ann. 27-2503 nor as to their general inadmissibility. We do not regard the trial judge's statement as being an unqualified application of recidivist punishment with regard to the defendant since a reading of the entire hearing transcript does not reveal punishment was applied under Code Ann. 27-2511 but instead shows it was based on defendant's record. Hence, we are not authorized to set aside the judgment.