Armstrong v. State

I concur in that defendant had notice of the court’s awareness of his earlier conviction, so that it would be bound to impose the mandatory life sentence of OCGA § 16-13-30 (d). He knew in advance of trial what sentence he faced if convicted, as he is presumed to know the law1 and he was advised by the State of its intent to present “similar transaction” evidence. However, I do not agree that a repeat drug offender is not entitled to notice that he will be subject to recidivist punishment under OCGA § 16-13-30 (d), and for that reason, I decline to join in overruling State v. Marshall, 195…