Printup v. State

Full title: PRINTUP v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 15, 1981

284 S.E.2d 79 (Ga. Ct. App. 1981)

159 Ga. App. 574

Opinion

61856.

DECIDED SEPTEMBER 15, 1981.

Drug violation. Richmond Superior Court. Before Judge Pickett.

Milton M. Avrett III, for appellant.

Sam B. Sibley, Jr., District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

BIRDSONG, Judge.

This case is controlled by Code Ann. § 27-2529 and Wright v. State, 154 Ga. App. 400, 402 (3) ( 268 S.E.2d 378). Code Ann. § 27-2529 provides that "[i]n any case" (emphasis supplied) where the judge may place the defendant on probation, a fine not to exceed $10,000 may be imposed as a condition to probation. Appellant, a pharmacist, plead guilty to four counts of the sale of controlled substances in violation of Code Ann. §§ 79A-808 and 79A-810. Under Code Ann. § 79A-811 (h), he could have been sentenced to ten years' imprisonment on each count, or forty years. Instead he received a sentences of two years imprisonment on each count to run concurrently and $40,000 as a condition to three years probation on each count after service of the concurrent two-year sentences. The sentences are not subject to complaint.

Judgment affirmed. Shulman, P. J., and Sognier, J., concur.

BIRDSONG, Judge.

DECIDED SEPTEMBER 15, 1981.