Smith v. State

Benham, Judge.

Convicted of selling cocaine, appellant was sentenced to life imprisonment under the provision of OCGA § 16-13-30 (d) requiring such a sentence for a second or subsequent offense. The prior offense used against appellant in sentencing was a 1971 conviction for selling heroin. Appellant contends on appeal that his sentence was illegal because subsection (d) authorizes a life sentence only for a second violation of the Georgia Controlled Substances Act, which was not in effect in 1971. We agree.

In Taylor v. State, 186 Ga. App. 113 (3) (366 SE2d 422) (1988), this court held that…