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Smith v. State

The defendant's sentence on his guilty plea for trafficking cocaine was not facially illegal, since it did not exceed the statutory range permitted by O.C.G.A. § 16-13-31 h.

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Following his guilty plea to one count of trafficking in cocaine,1 William Smith directly appeals, contending that the trial court imposed an illegal sentence because it was based on an amount of cocaine not specified in the indictment. For the reasons that follow, we affirm. The undisputed record shows that Smith was indicted for trafficking in cocaine, possession of marijuana with intent to distribute, and possession of drug related objects. He pleaded guilty to the trafficking charge, and the State nolle prossed the remaining two counts.

At the sentencing hearing, the trial court received uncontested evidence that the amount of cocaine Smith possessed was 224 grams of 74 to 83 percent purity. The trial court also received evidence that Smith had at least three prior felony convictions, two of which were drug related.2 The trial court sentenced Smith to serve 30 years, with 15 years in confinement and 15 years probated, and to pay a $300,000 fine.

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