Lester v. State

Beasley, Judge.

On count one of a three-count indictment, defendant was originally sentenced for the sale of cocaine (OCGA § 16-13-30 (b)) to thirty years and a $10,000 fine. He received the same sentence on count two, possession of cocaine (OCGA § 16-13-30 (a)), the term of imprisonment to be consecutive, so that the two sentences totalled sixty years imprisonment and $20,000. The sentence on count three, possession of marijuana (OCGA § 16-13-30 (j) (1)), was twelve months. Defendant was a repeat offender as to possession.

He filed a motion to vacate the fine on the basis that OCGA § 16-13-30…