Michael Clarke was found guilty of robbery on a recidivist indictment under OCGA 17-10-7 (Code Ann. 27-2511). Appellant's previous collisions with the criminal courts were in four separate indictments for four separate crimes committed April 8, 1976; June 7, 1976; May 13, 1977; and May 23, 1977. All crimes were prosecuted as burglary of separate residences except the last, which was prosecuted as theft by disposing of stolen property. Appellant plead guilty to all these offenses. It happens that he plead guilty to the first two on the same day (September 10, 1976) and received a five-year probated sentence for each. Appellant pleaded not guilty to the third felony offense on November 28, 1977; he had pleaded not guilty to the fourth felony (theft by disposing) on November 4, 1977. However, he then changed his mind, and on November 30 changed his pleas to guilty pleas for these two separate offenses, and accordingly, was sentenced on that day to serve 0-6 years (youthful offender) for the May 13 burglary and was sentenced to serve three years (consecutive) for the May 23 theft by disposing.

Upon this instant conviction for robbery committed March 19, 1982, the trial court found appellant a fifth offense recidivist under OCGA 17-10-7 (Code Ann. 27-2511), which relegated appellant to the maximum sentence for the instant offense, without parole. Appellant is aggrieved because he believes that he is only a third-offense recidivist under the statute aforementioned, and hence entitled to a lesser sentence. The turning point is OCGA 17-10-7 (c) (Code Ann. 27-2511) which provides: "For the purpose of this Code section, conviction of two or more crimes charged on separate counts of one indictment or accusation, or in two or more indictments or accusations consolidated for trial, shall be deemed to be only one conviction."

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.