At sentencing, the State will have the opportunity to present any evidence that it believes should be considered in aggravation. A defendant must be given notice of the State's intent to present evidence in aggravation of punishment. The prosecutor shall, no later than ten days prior to trial, or at such time as the judge orders but in no event later than the beginning of the trial, provide the defendant with notice of any evidence in aggravation of punishment that the State intends to introduce in sentencing. O.C.G.A. § 17-16-4 (a) (5). The purpose of the notice requirement is to give the defendant a chance to examine his record to determine if the prior convictions are in fact his, if he was represented by counsel, and if there is any other defect which would render the convictions inadmissible. Armstrong v. State, 264 Ga. 237 (1994). Defense counsel does not have an absolute duty to retrieve and review transcripts of prior plea proceedings. Barker v. Barrow, 290 Ga. 711 (2012).
The burden is on the State to produce competent evidence of a prior conviction for purposes of sentencing. Thomas v. State, 310 Ga. App. 404 (2011); State v. Slaton, 294 Ga. App. 507 (2008). Under Georgia law, the best evidence of a prior conviction is a certified copy of the conviction itself. Moret v. State, 246 Ga. 5 (1980); Ramsey v. State, 218 Ga. App. 692 (1995). O.C.G.A. §§ 24-5-2; 24-5-
Hence, if the defendant timely objects on best evidence grounds, the State must produce a certified copy of the prior conviction in order to prove that the conviction occurred. Lipscomb v. State, 194 Ga. App. 657(1990). If there is no objection, the State may prove the prior convictions of a defendant for purposes of sentencing by any means. Cain v. State, 253 Ga. App. 100 (2001); Walker v. State, 204 Ga. App. 269 (1992). The defendant must object to the admission of the evidence at the time of the sentencing hearing. Thompson v. State, 266 Ga. App. 29 (2004); Jones v. State, 308 Ga. App. 99 (2009).
A defendant must also challenge the constitutionality of a sentencing law at the time of the sentencing hearing. Jones v. State, 290 Ga. 670 (2012). Once the State introduces evidence that the defendant entered a guilty plea and had been represented by counsel, the presumption of regularity attaches and the burden shifts to the defense to show any alleged irregularities. Bell v. State, A14A0869. A Defendant can meet this burden by relying on a plea transcript or by providing testimony or other evidence regarding the taking of the plea. A silent record or the mere assertion by the Defendant that his former plea was not made knowingly and voluntarily is insufficient. Dunham v. State, 315 Ga. App. 901 (2012).