Legal Opinion · Dissent

Taylor v. State

Court of Appeals of Georgia

Decided February 29, 1988No. 75266Published

1DissentBeasley, Judge

I concur in Divisions 1 and 2 but respectfully dissent as to the second part of Division 3 and would affirm the convictions and sentences.

Defendant does not make an issue of whether the convictions with which he was charged fit within the term “a second or subsequent offense.” The prior offenses resulted in Florida convictions for possession of heroin and three counts of sale of cocaine. Thus as to nature of these crimes, they fit within the description of what is enumerated in subsection (b), OCGA § 16-13-30: “Except as authorized by this article, it is unlawful for any person to…

2Cases cited9 opinions

  1. Hess Oil & Chemical Corp. v. NashSupreme Court of Georgia · 1970
  2. Barnes v. StateCourt of Appeals of Georgia · 1981
  3. Tandy Corp. v. McCrimmonCourt of Appeals of Georgia · 1987
  4. Craig v. StateCourt of Appeals of Georgia · 1974
  5. McCollum v. StateCourt of Appeals of Georgia · 1985

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