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Brown v. State

Defendant could be sentenced under both the recidivist sentencing provisions of O.C.G.A. § 16-13-30 d and the multiple felony provisions of O.C.G.A. § 17-10-7 c.

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After pleading guilty, Mitchell Louis Brown appeals his sentence for possession of cocaine with intent to distribute and misdemeanor possession of marijuana, arguing that the trial court erred by imposing sentence pursuant to both OCGA § 17-10-7, the general recidivist statute, and OCGA § 16-13-30 d, which applies to sentencing for multiple felonies regarding the possession and sale of controlled substances. For the reasons set forth below, we affirm.

The record shows that, at Brown’s sentencing hearing, the State introduced evidence of Brown’s 1990 guilty plea and conviction for possession of cocaine with intent to distribute. The State indicated that it was tendering this evidence in order to trigger the sentencing provisions of OCGA § 16-13-30 d. In addition, the State introduced evidence of Brown’s additional prior convictions for possession of cocaine with intent to distribute, sale of cocaine, and possession of marijuana with intent to distribute. The State introduced these prior convictions for the purpose of triggering OCGA § 17-10-7 c.1

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