Cantrell v. State

Full title: CANTRELL v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 17, 1996

474 S.E.2d 769 (Ga. Ct. App. 1996)

474 S.E.2d 769

Opinion

A95A0764.

DECIDED JULY 17, 1996.

Drug violation. Hall Superior Court. Before Judge Girardeau.

Troy R. Millikan, for appellant. Lydia J. Sartain, District Attorney, Lee Darragh, Thomas A. Gump, Assistant District Attorneys, for appellee.

McMURRAY, Presiding Judge.

Defendant's conviction for possession of cocaine with intent to distribute was affirmed by this Court on direct appeal. See Cantrell v. State, 217 Ga. App. 641 ( 459 S.E.2d 564). On certiorari, however, the Supreme Court of Georgia reversed, holding that the trial court should have entered a judgment of conviction only upon a charge of simple possession of cocaine as a lesser offense included within the indicted offense of possession with intent to distribute. Cantrell v. State, 266 Ga. 700 ( 469 S.E.2d 660). Accordingly, the prior judgment of this Court is vacated and the judgment of the Supreme Court is made the judgment of this Court. The judgment of the trial court is reversed and the case remanded with direction to enter judgment in accordance with the ruling of the Supreme Court of Georgia.

Judgment reversed and case remanded with direction. Andrews and Blackburn, JJ., concur.

McMURRAY, Presiding Judge.

DECIDED JULY 17, 1996.