State v. Andrews

Court of Appeals of Georgia

State v. Andrews

630 S.E.2d 139, 278 Ga. App. 899, 2006 Fulton County D. Rep. 1243, 2006 Ga. App. LEXIS 428

CourtCourt of Appeals of Georgia

DecidedApril 14, 2006

DocketA06A0096

StatusPublished

Cited by2 cases

This text of 630 S.E.2d 139 (State v. Andrews) is published on Counsel Stack Legal Research, covering Court of Appeals 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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State v. Andrews, 630 S.E.2d 139, 278 Ga. App. 899, 2006 Fulton County D. Rep. 1243, 2006 Ga. App. LEXIS 428 (Ga. Ct. App. 2006).

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Opinion

Andrews, Presiding Judge.

This is the second appearance of this case in our Court. In Andrews v. State, 271 Ga. App. 162 (609 SE2d 119) (2004), we vacated Carlotta Andrews’s sentence for trafficking in cocaine and held that she must be sentenced to the entire ten-year mandatory minimum period in prison and was not entitled to first offender treatment. Id. at 165. On remand, the court sentenced her to the mandatory ten-year term in prison. But, the court refused to impose the fine of $200,000 also mandated by OCGA § 16-13-31 (a) (1) (A).

This Code section provides:

Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:

(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00. . . .

OCGA§ 16-13-31 (a) (1) (A).

Thus, the Code section clearly states that the fine shall be imposed; and, this Court has also specifically held that the fine is mandatory. Davis v. State, 232 Ga. App. 450, 453-454 (501 SE2d 241) (1998). Accordingly, Andrews’s sentence is vacated and this case is remanded to the trial court for resentencing consistent with this opinion.

Judgment reversed and case remanded.

Barnes and Bernes, JJ., concur.

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Andrews, Presiding Judge.

This is the second appearance of this case in our Court. In Andrews v. State, 271 Ga. App. 162 (609 SE2d 119) (2004), we vacated Carlotta Andrews’s sentence for trafficking in cocaine and held that she must be sentenced to the entire ten-year mandatory minimum period in prison and was not entitled to first offender treatment. Id. at 165. On remand, the court sentenced her to the mandatory ten-year term in prison. But, the court refused to impose the fine of $200,000 also mandated by OCGA § 16-13-31 (a) (1) (A).

This Code section provides:

Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall be punished as follows:

(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00. . . .

OCGA§ 16-13-31 (a) (1) (A).

Thus, the Code section clearly states that the fine shall be imposed; and, this Court has also specifically held that the fine is mandatory. Davis v. State, 232 Ga. App. 450, 453-454 (501 SE2d 241) (1998). Accordingly, Andrews’s sentence is vacated and this case is remanded to the trial court for resentencing consistent with this opinion.

Judgment reversed and case remanded.

Barnes and Bernes, JJ., concur.

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Bluebook (online)

630 S.E.2d 139, 278 Ga. App. 899, 2006 Fulton County D. Rep. 1243, 2006 Ga. App. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-andrews-gactapp-2006.

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