Doe v. State

Birdsong, Presiding Judge.

Appellant Thomas Doe, having pled guilty to the sale of cocaine for an offense alleged to have been committed on May 19, 1989, was sentenced to life imprisonment pursuant to OCGA § 16-13-30 (d). That statute mandates the enhanced punishment of life imprisonment “upon conviction of a second of subsequent offense” involving intent to distribute controlled substances. On appeal, Doe argued that although this was his second “conviction,” this offense was not “second” in point of time of occurrence. See Mays v. State, 262 Ga. 90, 91 (414 SE2d 481), which held that “it is…