Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Mike v. State

The plain language of O.C.G.A. § 42-8-35.2 a requires a term of special probation to be served in addition to any prison term and does not conflict with O.C.G.A. § 6-13-30 d.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Moses Mike plead guilty to two counts of selling cocaine. The trial court imposed a ten year sentence of incarceration to be followed by a special period of probation. Mike appeals, contending that the trial court erred in imposing the special period of probation. We disagree and affirm. The facts are undisputed. In March 2007, Mike pled guilty to two counts of sale of cocaine. He had previously been convicted of both possession and sale of cocaine. Pursuant to the terms of the parties’ plea agreement, the state recommended that the trial court impose the statutory minimum sentence of 10 years incarceration. OCGA § 16-13-30d. See also State v. Jones , 265 Ga. App. 493 594 SE2d 706 2004. The state also argued that the trial court was required by OCGA § 42-8-35.2 a to follow Mike’s sentence of imprisonment with a special period of probation. Mike disagreed.

He contended that OCGA § 42-8-35.2 a extended the statutory minimum sentence set forth in OCGA § 16-13-30 d and that the two statutes conflicted. Mike argued that in view of this conflict, he was entitled to the lesser penalty set forth in OCGA § 16-13-30 d.1 The trial court rejected Mike’s argument and sentenced Mike to serve ten years in confinement, to be followed by six years of special probation on each count, to run concurrently. This appeal followed.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
MID-SENIOR LEVEL EMPLOYMENT ASSOCIATE OR PARTNER WANTED FOR BOUTIQUE FIRM OPPORTUNITY TO INHERIT AND GROW PRACTICE (Atlanta, GA)

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
(EXCLUSIVE FULLY REMOTE) INSURANCE COVERAGE ASSOCIATE OR COUNSEL WANTED FOR MULTI-STATE BOUTIQUE LAW FIRM (Florida)

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements