Brown v. State

Fletcher, Chief Justice.

This appeal requires us to consider whether OCGA § 16-13-30.2 punishes as a misdemeanor the same conduct that resulted in Kandy Brown’s felony conviction under OCGA § 16-13-30.1 for selling fake crack cocaine, and, if so, whether Brown should have been convicted of the misdemeanor instead of the felony. Because the two statutes provide different penalties for the same conduct, the rule of lenity requires that Brown be subjected to the lesser of the two penalties - in this case, the misdemeanor penalties of OCGA § 16-13-30.2. Accordingly, we reverse her felony…