Mathis v. the State

Branch, Judge.

After Cecil Wade Mathis, Jr., pled guilty in Washington County Superior Court to two counts of violating OCGA § 16-13-30 (a), the trial court imposed a recidivist sentence pursuant to OCGA § 17-10-7 (c). Mathis now appeals pro se from the trial court’s denial of his motion to vacate or modify his sentence, arguing that the trial court erred in sentencing him as a recidivist. In support of this claim, Mathis relies on OCGA § 17-10-7 (b. 1), which makes the recidivist sentencing statute inapplicable to cases involving certain drug offenses, including violations of OCGA § 16-13-30…