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Eidman v. State

The trial court had discretion under O.C.G.A. § 16-13-31 g 2to conclude that defendant's cooperation with police did not constitute substantial assistance sufficient to justify a reduced sentence.

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Joseph Brian Eidman pled guilty to trafficking in cocaine and driving with a suspended license. He contends on appeal that the trial court erred in failing to sentence him below the mandatory minimum pursuant to OCGA § 16-13-31 g 2 based on his substantial assistance to the police in identifying his drug supplier and in arranging a subsequent controlled drug buy. For reasons that follow, we affirm. The facts in this case are not in dispute. In August 2005, DeKalb County police arrested Eidman after their observation of his involvement in a controlled drug buy and a search of his vehicle, which yielded two ounces of cocaine. Eidman was charged with trafficking in cocaine and driving with a suspended license, and he entered a guilty plea to both counts. Thereafter, Eidman sought a reduced sentence, contending that he provided substantial assistance to the authorities by cooperating with the police at the time of his arrest, including giving a written statement in which he admitted that he purchased the cocaine from a supplier with the intention of selling it to another. He also led police to the supplier’s apartment complex in Gwinnett County,1 and, in September 2006, he acted as a confidential informant for the police, resulting in the apparent arrest and conviction of another individual for the sale of 5.7 grams of cocaine.

At the conclusion of the plea hearing, the trial court declined to reduce Eidman’s sentence pursuant to OCGA § 16-31-31 g 2 and sentenced him to 15 years incarceration, with 10 years to serve. Eidman’s sole enumeration on appeal is that the trial court erred in failing to reduce his sentence.

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