Opinion
A97A2177.
DECIDED: MARCH 16, 1999
Drug violation, etc. Chatham Superior Court. Before Judge Karpf.
Wiseman, Blackburn Futrell, Michael L. Edwards, C. Jackson Burch, for appellant. Spencer Lawton, Jr., District Attorney, Lori E. Loncon, Assistant District Attorney, for appellee.
Samuel Mikell, Jr., was convicted of selling cocaine, distributing cocaine within 1,000 feet of a public housing project, and obstructing a police officer. The court sentenced Mikell to life imprisonment for the sale of cocaine, forty years in prison for the cocaine distribution within 1,000 feet of a public housing project, and twelve months for the obstruction. Mikell appealed to this court and we affirmed the convictions and sentences in Mikell v. State, 231 Ga. App. 85 ( 498 S.E.2d 531) (1998).
The Supreme Court granted certiorari and reversed our finding that the trial court was required to apply the recidivist provision of OCGA § 17-10-7 (a) and sentence Mikell to the maximum term of forty years for distributing cocaine within 1,000 feet of a public housing project for this, his second, conviction under OCGA § 16-13-32.5 (b). Instead, the Supreme Court held, the trial court was authorized to exercise discretion under OCGA § 16-13-32.5 (c) (2) and impose a sentence of five to forty years. Mikell v. State, 270 Ga. 467 ( 510 S.E.2d 523) (1999). Accordingly, our ruling as to the sentence imposed for the conviction of distributing cocaine within 1,000 feet of a public housing project is vacated and the judgment of the Supreme Court is made the judgment of this court. The case is remanded to the trial court for a new sentencing hearing.
Sentence vacated and case remanded for resentencing. Johnson, C. J., and Blackburn, J., concur.