Swan v. State

Mikell, Judge.

Delmer Gene Swan was indicted on charges of possession with intent to distribute methamphetamine and possession of a firearm during the commission of a crime. A Cherokee County jury convicted Swan of the lesser included offense of possession of methamphetamine and acquitted him on the possession of a firearm charge. Swan was sentenced as a recidivist to 30 years to serve. On appeal, Swan argues that he received ineffective assistance of counsel and that the trial court erred by sentencing him as a recidivist. We affirm but remand the case for resentencing.

On appeal from a…