MOSS v. STATE

68147.

171 Ga. App. 571 (1984)

320 S.E.2d 553

MOSS v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 11, 1984.


Attorney(s) appearing for the Case

Michael E. Garner, for appellant.

William J. Smith, District Attorney, J. Gray Conger, Assistant District Attorney, for appellee.


SOGNIER, Judge.

Appellant was convicted of possession of marijuana. The indictment also charged that appellant had been convicted previously of a felony, to wit: possession of narcotics. The charge of a previous narcotics conviction was to provide notice of the greater punishment applicable for a second conviction of possessing a controlled substance. OCGA § 16-13-30 (c). On appeal, he contends the trial court erred by granting the state's motion to dismiss appellant...

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