Calbreath v. State

Blackburn, Judge.

On May 1, 1997, Calbreath pled guilty to possession of marijuana, less than an ounce. This was Calbreath’s second conviction for such offense. Accordingly, as per our decision in Williams v. State, 222 Ga. App. 698 (1) (475 SE2d 667) (1996), the superior court entered a felony conviction, but sentenced Calbreath “as for a misdemeanor.” Calbreath then learned that on April 29,1997, the governor had signed legislation amending OCGA § 16-13-2 to make possession of marijuana, less than an ounce, a misdemeanor in all cases. Cal-breath filed a motion to withdraw his guilty plea,…