Legal Opinion

Mikell v. State

Supreme Court of Georgia

Decided January 11, 1999No. S98G0968PublishedCited by 19 opinions

1Opinion of the Court

Thompson, Justice.

We granted certiorari to the Court of Appeals in Mikell v. State, 231 Ga. App. 85 (498 SE2d 531) (1998), to determine whether a trial court must exercise discretion under OCGA § 16-13-32.5 (c) (2) in sentencing a defendant for a second or subsequent violation of OCGA § 16-13-32.5 (b) (distributing a controlled substance within 1,000 feet of a public housing project). We answer in the affirmative.

Mikell was charged and convicted of violating OCGA § 16-13-32.5 (b), as well as OCGA § 16-13-30 (b) (selling a controlled substance), and OCGA § 16-10-24 (obstructing a police…

2Cases cited4 opinions

  1. Jenkins v. StateSupreme Court of Georgia · 1995
  2. State v. BaldwinCourt of Appeals of Georgia · 1983
  3. Stone v. StateCourt of Appeals of Georgia · 1995
  4. Mikell v. StateCourt of Appeals of Georgia · 1998

3Cited by19 opinions

  1. United States v. RodriquezSupreme Court of the United States · 2008
  2. Mann v. StateSupreme Court of Georgia · 2001
  3. Goldberg v. StateSupreme Court of Georgia · 2007
  4. Wadkins v. SmallwoodCourt of Appeals of Georgia · 2000
  5. Hall v. StateCourt of Appeals of Georgia · 2008

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