Smith v. State

193 Ga. App. 365 (1989)

387 S.E.2d 648

SMITH

v.

THE STATE.

A89A1141.

Court of Appeals of Georgia.

Decided November 1, 1989.

Cowen & Cowen, Linda S. Cowen, for appellant.

Robert E. Keller, District Attorney, Clifford A. Sticher, Assistant District Attorney, for appellee.

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…