Meaux v. State

McMurray, Presiding Judge.

Via a two-count indictment, defendant was charged with violations of the Georgia Controlled Substances Act (selling marijuana to an undercover agent) on July 20, 1984 (Count 1), and again on August 24, 1984 (Count 2). Following a jury trial, defendant was convicted upon Count 1 of the indictment. However, the jury was unable to reach a verdict upon Count 2 of the indictment. Accordingly, the State “nolle prossed” the second count. Following the imposition of a ten-year sentence (three years to serve), defendant appealed. Held:

1. Relying upon McBrayer v. State, 79 Ga.…