In unrelated criminal actions, Victor Gillen and Margaret Marston pled guilty to trafficking in drugs. Gillen was sentenced to 15 years for trafficking between 200 and 400 grams of methamphetamine,1 and Marston was sentenced to 25 years and $1 million dollar fine for trafficking 400 grams or more of cocaine.2 Because both cases concern whether the trial court had discretion to suspend or probate these sentences under the general sentencing provisions of OCGA § 17-10-1 a 1, we have consolidated them for purposes of appeal. We affirm in both cases, however, holding that the trial court did not err in finding that pursuant to the specific trafficking statute, OCGA § 16-13-31 g 1, it was without authority to probate or suspend the sentences. Although OCGA § 17-10-1 a 1 gives the trial court authority to suspend or probate all or any part of a sentence, the trafficking statute clearly provides that an “adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.” OCGA § 16-13-31 g 1.3 And “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” Citation, punctuation and footnote omitted. Mann v. State , 273 Ga. 366, 368 1 541 SE2d 645 2001. The trial court was therefore correct in its conclusion that it was without authority to suspend or probate the sentences. Moran v. State , 170 Ga. App. 837, 842 3 318 SE2d 716 1984.
The dissent argues that the general sentencing statute should prevail over the specific trafficking statute. However, there simply is no “indication of a contrary legislative intent” in this case. The 2006 amendment adding OCGA § 17-10-6.2 to the exception of OCGA § 17-10-1 a 1 does not demonstrate a legislative intent for OCGA § 17-10-1 a 1 to prevail over the specific trafficking statute. The legislature simply chose to add another class of crimes to the exception. Indeed, OCGA § 17-10-6.1 has been an exception to OCGA § 17-10-1a 1 since 1994, so the fact that OCGA § 17-10-1 a 1 “was the last enacted statute” because it was amended in 2006 is irrelevant.
