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Smiley v. State

Defendant's prior conviction of cocaine possession with intent to distribute constituted a prior conviction of simple cocaine possession that triggered his sentencing as a recidivist on a subsequent conviction of cocaine possession.

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David Smiley was convicted of cocaine possession under OCGA § 16-13-30 a, and appeals his sentence of 30 years imposed under OCGA § 16-13-30 c and the recidivism statute, OCGA § 17-10-7. Smiley argues that his previous conviction for cocaine possession with the intent to distribute was not a previous conviction for cocaine possession, and therefore he should not have been sentenced for a second offense of cocaine possession under OCGA § 16-13-30 d. We disagree and affirm.

We have held that a conviction for trafficking in cocaine under OCGA § 16-13-31 constitutes a second violation of possession with intent to distribute cocaine under OCGA § 16-13-30 b, triggering the mandatory life sentence required by OCGA § 16-13-30 d. Gilbert v. State, 208 Ga. App. 258, 260 1 430 SE2d 391 1993. In that case, we said:

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