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WEST v. STATE

No. A02A0561.

565 S.E.2d 538 (2002)

255 Ga. App. 334

WEST v. The STATE.

Court of Appeals of Georgia.

May 10, 2002.

Attorney(s) appearing for the Case

Tony C. Jones, Albany, for appellant.

Kenneth B. Hodges III, Dist. Atty., Gregory W. Edwards, Asst. Dist. Atty., for appellee.

POPE, Presiding Judge.

Alexander West was indicted on a felony charge of sale of marijuana, which the indictment alleged occurred on February 25, 2000. West's indictment contained a notice indicating that the state would seek sentencing under the recidivist statute. OCGA § 17-10-7(c). West, who was represented by counsel, pled guilty to the charge on May 4, 2001. The trial court declined to sentence West under the recidivist statute, however, because one of the...

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