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Lawskills.com Georgia Caselaw
JONES v. THE STATE.
A91A2098.
MCMURRAY, Presiding Judge.
Drug violation. Bibb Superior Court. Before Judge Culpepper.
Defendant entered guilty pleas on a two count indictment for selling cocaine and was given concurrent life sentences pursuant to OCGA 16-13-30 (d). Defendant filed this appeal, contending the trial court erred in failing to exercise discretion in either probating or suspending the life sentences. Held:
OCGA 16-13-30 (d) provides a mandatory life sentence for any person convicted of a second or subsequent offense of manufacturing, delivering, distributing, dispensing, administering, selling or possessing with intent to distribute any controlled substance. This Code subsection "falls within the category of other legislative directions as to punishment, such as mandatory minimum terms of imprisonment for subsequent armed robberies (OCGA 16-8-41 (Code Ann. 26-1902)) and burglaries (OCGA 16-7-1 (Code Ann. 26-1601))." State v. Hendrixson, 251 Ga. 853, 854 (310 SE2d 526). In the case sub judice, there is no dispute that defendant was a repeat offender (two previous violations of the Georgia Controlled Substances Act involving a substance listed in OCGA 16-13-26, Schedule II) and subject to life sentences under OCGA 16-13-30 (d). Consequently, the trial court had no discretion to suspend or probate the legislatively prescribed life sentences.
Cedric T. Leslie, for appellant.
DECIDED DECEMBER 3, 1991.
Thursday May 21 10:32 EDT


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