State v. Estevez

Undercofler, Justice.

Daniel Estevez was convicted on separate counts for illegal possession and illegal sale of cocaine. He was sentenced to two years for possession and six years for sale to run concurrently. On review the Court of Appeals vacated the conviction and sentence for illegal possession. Estevez v. State, 130 Ga. App. 215 (202 SE2d 686). That decision relied upon Burns v. State, 127 Ga. App. 828 (195 SE2d 189), which applied the 1968 Georgia Criminal Code (Ga. L. 1968, p. 1249), and held, ". . . The offense of sale of marijuana and heroin necessarily included the offense of…