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258 Ga. 421

Seals v. Lemacks

Supreme Court of Georgia

Decided July 13, 1988

Supreme Court of Georgia · decided 1988-07-13

Cited by 1 later decisions — most recently June 1989

1 state decisions

Relies on Robinson v. State · Bassett v. Lemacks

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-13

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Smith, Justice.

¶1We 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 Robinsonopinion requires the appellant’s conviction to be set aside. We affirm the superior court’s denial of the appellant’s writ of habeas corpus.

¶2The 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.”

¶3Unlike 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Lemacks, 258 Ga. 367 (370 SE2d 146) (1988), the statute defining the crime for which appellant was convicted was never repealed.

¶4Judgment affirmed.

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