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ASBERRY v. STATE

No. A95A2759.

467 S.E.2d 225 (1996)

220 Ga. App. 40

ASBERRY v. The STATE.

Court of Appeals of Georgia.

January 30, 1996.

Attorney(s) appearing for the Case

Timothy T. Herring, Atlanta, for appellant.

Lewis R. Slaton, District Attorney, John M. Turner, Jr., Rebecca A. Keel, Assistant District Attorneys, Atlanta, for appellee.

BLACKBURN, Judge.

Cedric Asberry's appeal of his conviction for possession of a firearm during the commission of a crime presents the first impression issue of whether marijuana is a controlled substance under OCGA § 16-13-30 for the purpose of a prosecution under OCGA § 16-11-106(b)(4).

During the execution of a search warrant, police found 11 bags of marijuana and a handgun in Asberry's possession in his hotel room. Asberry was convicted of possession...

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