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Duron v. State

The trial court properly sentenced defendant to two concurrent terms of life in prison following his convictions for trafficking in cocaine and conspiracy trafficking in cocaine, because the first conviction for trafficking could be used to enhance the second conviction for trafficking pursuant to O.C.G.A. § 16-13-30 subsection d.

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Following Carlos Duron’s convictions for trafficking in cocaine OCGA § 16-13-31 a 11 and conspiracy trafficking in cocaine OCGA § 16-13-33, the Superior Court of Gwinnett County sentenced Duron to two concurrent terms of life in prison. See OCGA § 16-13-30 d. Duron appeals, arguing that the trial court imposed a void sentence because the maximum sentence permitted for Duron’s convictions was 30 years in confinement. See OCGA § 16-13-31 h. For the reasons that follow, we affirm.

In July of 2010, following a jury trial, the Superior Court of Gwinnett County entered a judgment of conviction against Duron for trafficking in cocaine 2010 trafficking conviction which Duron appealed to this Court. See Duron v. State, 325 Ga. App. 41 752 SE2d 112 2013 Duron I. In December of 2011, while Duron’s motion for new trial remained pending in Duron I, a second Gwinnett County jury found Duron guilty of trafficking in cocaine 2011 trafficking conviction and conspiracy trafficking in cocaine.2 During sentencing for the 2011 convictions, the State argued that Duron’s 2010 trafficking conviction authorized a life sentence for Duron on the 2011 trafficking conviction. See OCGA § 16-13-30 d. The trial court sentenced Duron to life in prison on both the trafficking and conspiracy convictions to be served concurrently with the sentence imposed in Duron I.

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