Recidivist Sentencing Lookback Period

can you review this portion of my motion to let me know if it's accurate: The Defendant was unable to receive proper notice regarding the intention to enhance the sentence based on a recidivist history connected with prior New York convictions, all more than two decades old, as required by OA § *-*-* (a) (*). Two of the convictions, which were unified for trial, must not be accounted for independently, as affirmed by Stone v. State * S.E.2d * Ga. Ct. App. (*). The Defendant's New York convictions happened on */*/*, */*/*, and */*/* (twice). O.C.G.A § *-*-* (c) states that convictions older than five years preceding the later conviction, excluding any periods of incarceration, do not contribute towards recidivism. This interpretation is reinforced by Harrison v. State (* Ga. *, *). As a result, the Defendant asserts that the * convictions should not be utilized for recidivist sentence enhancement. Considering OCGA § *-*-*, which lays out Georgia's recidivist law, the Defendant has New York convictions dated */*/* and */*/* that surpass the law's ten-year lookback period. Additionally, the */*/* convictions, despite stemming from separate indictments, were integrated into one during the plea – by Georgia law, they should count as one conviction. Therefore, this case does not meet the criteria for recidivist punishment as per the Southerland v. State, * Ga. App. *, * S.E.2d * (*) and McIntyre v. State, * Ga. *, * S.E.2d * (*). Georgia law implies that convictions from a single event or the same occurrence should be counted as one for recidivist sentencing, even if initially found in separate indictments, as seen in Malcolm v. State, * Ga. *, *, * S.E.2d *, * (*). The defense counsel failed to inform the Defendant of the State's motion, thereby breaching Callahan v. State, * Ga. App. * (*), and refusing the Defendant the chance to contest the validity of the former convictions. Some of these convictions fall outside of Georgia's "lookback period". According to Georgia law, some of the Defendant's past New York convictions, which are more than ten years old, should not contribute towards the determination of the recidivist punishment. As stated in O.C.G.A § *- *- *(a), any prior conviction older than ten years before the current one excluding incarceration periods, should not be used to inflate the sentence. If such a conviction is used to increase the sentence, the court has to provide a written rationale. Jones v. State (* Ga. App. *, 701S.E.2d *) might broaden the argument that convictions exceeding the statutory “lookback” period cannot be used for sentence enhancement per OCGA § *- *- *. Furthermore, two of the Defendant's New York convictions from * are now more than 20 years old, thus, according to Georgia law, should not be included in the "lookback period". This viewpoint is backed by Johnson v. State (*), which says that a conviction more than ten years old at the point of a new crime's commission cannot count towards the recidivist sentence except under OCGA § *- *- *(c)’s exceptions. Therefore, such convictions should not be in the enhancement of sentencing for recidivist notice purposes.

is there a such thing as a look-back period?

where can i find this information?