SMILEY v. STATE

No. A99A2337.

527 S.E.2d 585 (2000)

241 Ga. App. 712

SMILEY v. The STATE.

Court of Appeals of Georgia.

January 5, 2000.


Attorney(s) appearing for the Case

Luz F. Cloy, Darien, for appellant.

Stephen D. Kelley, District Attorney, Ann S. Williams, Assistant District Attorney, for appellee.


BARNES, Judge.

David Smiley was convicted of cocaine possession under OCGA § 16-13-30(a), and appeals his sentence of 30 years imposed under OCGA § 16-13-30(c) and the recidivism statute, OCGA § 17-10-7. Smiley argues that his previous conviction for cocaine possession with the intent to distribute was not a previous conviction for cocaine possession and, therefore, he should not have been sentenced for a second offense of cocaine possession under OCGA...

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