Johnson v. the State

Dillard, Judge.

Following a bench trial, Deron Johnson was convicted of possession of a firearm by a convicted felon, 1 possession of cocaine, 2 and possession of less than one ounce of marijuana. 3 On appeal, Johnson contends that the evidence was insufficient to support his conviction for possession of cocaine, and the court erred in sentencing him as a recidivist under OCGA § 17-10-7 (c) when one of the three prior felony convictions used in aggravation of his sentence was for simple possession of cocaine. For the reasons set forth infra, we affirm Johnson’s convictions but vacate his…