Moss v. State

Sognier, Judge.

Appellant was convicted of possession of marijuana. The indictment also charged that appellant had been convicted previously of a felony, to wit: possession of narcotics. The charge of a previous narcotics conviction was to provide notice of the greater punishment applicable for a second conviction of possessing a controlled substance. OCGA § 16-13-30 (c). On appeal, he contends the trial court erred by granting the state’s motion to dismiss appellant’s motion to suppress, and by denying his motion to suppress.

At a hearing on the State’s motion to dismiss and appellant’s motion…