State v. Jones

MlKELL, Judge.

After a jury trial, Benjamin R. Jones was convicted of possession of cocaine with intent to distribute and possession of marijuana. The state filed a notice of its intent to seek recidivist punishment pursuant to OCGA §§ 16-13-30, 17-10-2, and 17-10-7. The trial court sentenced Jones to twelve years, with seven to serve and five on probation. The state appeals, arguing that the trial court erred when it probated a portion of Jones’s sentence. We agree and remand for resentencing.

1. At the outset, we address Jones’s argument that this Court lacks jurisdiction to hear this appeal…