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RUPNIK v. STATE

No. A05A0530.

614 S.E.2d 153 (2005)

273 Ga. App. 34

RUPNIK v. The STATE.

Court of Appeals of Georgia.

April 19, 2005.

Attorney(s) appearing for the Case

Rafe Banks III, Banks, Stubbs, Neville & Cunat, Cumming, for appellant.

Penny A. Penn, District Attorney, James A. Dunn, Assistant District Attorney, for appellee.

MIKELL, Judge.

Monica Lynn Rupnik was indicted for trafficking in methamphetamine, OCGA § 16-13-31(e), but was convicted of possession of methamphetamine with intent to distribute, a violation of OCGA § 16-13-30(b). She appeals from the order denying her motion for new trial, contending that the trial court erred in charging the jury on possession with intent to distribute as a lesser included offense because she was not indicted for that offense. We disagree...

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