Seals v. Lemacks

Supreme Court of Georgia

Seals v. Lemacks

370 S.E.2d 749, 258 Ga. 421, 1988 Ga. LEXIS 303

CourtSupreme Court of Georgia

DecidedJuly 13, 1988

Docket45475

StatusPublished

Cited by1 cases

This text of 370 S.E.2d 749 (Seals v. Lemacks) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Seals v. Lemacks, 370 S.E.2d 749, 258 Ga. 421, 1988 Ga. LEXIS 303 (Ga. 1988).

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Opinion

Smith, Justice.

We granted the appellant’s application for certificate of probable cause to consider whether the principles enunciated in Robinson v. State, 256 Ga. 564 (350 SE2d 464) (1986), require this conviction to be set aside. Nothing in the Robinson opinion requires the appellant’s conviction to be set aside. We affirm the superior court’s denial of the appellant’s writ of habeas corpus.

The appellant was indicted on January 23, 1986, for trafficking in cocaine, and he was convicted of this and other offenses on May 14, 1986. The indictment charged the appellant with being in “actual possession of more than 28 grams of cocaine.”

Unlike the facts in Robinson, supra, and Bassett v. Lemacks, 258 Ga. 367 (370 SE2d 146) (1988), the statute defining the crime for which appellant was convicted was never repealed.

Judgment affirmed.

All the Justices concur, except Weltner, J., who concurs in the judgment only, and Hunt, J., not participating.

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