Opinion
A91A2098.
DECIDED DECEMBER 3, 1991.
Drug violation. Bibb Superior Court. Before Judge Culpepper.
Cedric T. Leslie, for appellant.
Willis B. Sparks III, District Attorney, Pamela White-Colbert, Thomas J. Matthews, Assistant District Attorneys, for appellee.
Defendant entered guilty pleas on a two count indictment for selling cocaine and was given concurrent life sentences pursuant to OCGA § 16-13-30 (d). Defendant filed this appeal, contending the trial court erred in failing to exercise discretion in either probating or suspending the life sentences. Held:
OCGA § 16-13-30 (d) provides a mandatory life sentence for any person convicted of a second or subsequent offense of manufacturing, delivering, distributing, dispensing, administering, selling or possessing with intent to distribute any controlled substance. This Code sub-section "falls within the category of other legislative directions as to punishment, such as mandatory minimum terms of imprisonment for subsequent armed robberies (OCGA § 16-8-41 (Code Ann. § 26-1902)) and burglaries (OCGA § 16-7-1 (Code Ann. § 26-1601))." State v. Hendrixson, 251 Ga. 853, 854 ( 310 S.E.2d 526). In the case sub judice, there is no dispute that defendant was a repeat offender (two previous violations of the Georgia Controlled Substances Act involving a substance listed in OCGA § 16-13-26, Schedule II) and subject to life sentence under OCGA § 16-13-30 (d). Consequently, the trial court had no discretion to suspend or probate the legislatively prescribed life sentences.
Judgment affirmed. Sognier, C. J., and Andrews, J., concur.