Estevez v. State

In Division 3 of the majority *218opinion it is held that Count 1 of the indictment (possession of illegal drugs) is merged with Count 2 (offering illegal drugs for sale). In other words, it is held in effect that defendant could not have offered the drugs for sale unless he possessed same. In the case of Ansley v. State, and Petree v. State, 124 Ga. App. 670 (185 SE2d 562), I wrote a lengthy dissenting opinion (pp. 677-687), in which I undertook to convince my eight associates on this court that there was a merger of offenses in that case, but without success. Count 1 charged defendants…