Diaz v. State

Adams, Judge.

Following a bench trial, the trial court found co-defendants Juan Eduardo Diaz and Victor Luis Diaz each guilty of two felony counts of possession with intent to distribute a noncontrolled substance, OCGA § 16-13-30.1. In Case No. A08A2199, Juan Diaz appeals claiming that the rule of lenity required that he be punished for the misdemeanor offense of distributing an imitation controlled substance, OCGA § 16-13-30.2, rather than for the felony counts of which he was convicted. Victor Diaz appeals in Case No. A08A2200. He contends that the evidence was insufficient to authorize his…