527 S.E.2d 585 | Ga. Ct. App. | 2000
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 § 16-13-30 (c). We disagree and affirm.
We have held that a conviction for trafficking in cocaine under OCGA § 16-13-31 constitutes a second violation of possession with intent to distribute cocaine under OCGA § 16-13-30 (b), triggering the mandatory life sentence required by OCGA § 16-13-30 (d). Gilbert v. State, 208 Ga. App. 258, 260 (1) (430 SE2d 391) (1993). In that case, we said:
To conclude that Gilbert’s prior conviction under OCGA § 16-13-31 does not trigger the recidivist provisions of OCGA § 16-13-30 (d) would lead to an illogical result since Gilbert’s first conviction was for a more serious version of the offenses outlined in OCGA § 16-13-30 (b). It appears that OCGA § 16-13-30 (b) was a lesser included offense of Gilbert’s conviction under OCGA § 16-13-31.
Id. Accord Brundage v. State, 231 Ga. App. 478, 480 (4) (499 SE2d 408) (1998); Cody v. State, 222 Ga. App. 468, 471 (4) (474 SE2d 669) (1996).
A similarly illogical result would apply here if Smiley’s previous conviction for possession with intent to distribute did not equal a con
Judgment affirmed.
