Defendant was convicted of selling heroin to an undercover agent of the Georgia Bureau of Investigation on two occasions in May of 1974 at Columbus, Georgia. The indictment alleged five prior felony convictions under the recidivist statute. Code § 27-2511. He was sentenced to serve ten years in the penitentiary on each count to run consecutively. Held:
1. The evidence authorized the conviction.
2. Defendant complains that the trial court erred in permitting the state to place his character in evidence and in denying his motion for mistrial. Defendant volunteered on direct examination that he was on the "chain gang” and reiterated this on cross examination. This opened the door for all evidence bearing on defendant’s character.
Scarver v. State,
3. Defendant did not request in writing an instruction on the law of possession. In the absence of a written request, no error was committed.
State v. Stonaker,
4. Defendant complains that the trial judge erred in restricting his counsel’s argument to the jury. The matter
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of argument lies within the sound discretion of the trial judge. We find no abuse.
Atlanta Newspapers v. Grimes,
5. The court sentenced the defendant to the maximum punishment authorized for the sale of heroin at the time of trial, ten years. Former Code § 79A-9911. During the sentencing phase, evidence of five prior felony convictions was offered and considered by the trial court over objection that these convictions could not be considered in sentencing the defendant under Code § 27-2511, the recidivist statute. It is very clear from the record that four of these convictions were based on separate indictments which were consolidated for trial. See
Cofer v. Hopper,
Other claims of error are without merit.
Judgment affirmed with direction.