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DIAZ v. STATE

Nos. A08A2199, A08A2200.

676 S.E.2d 252 (2009)

DIAZ v. The STATE (two cases).

Court of Appeals of Georgia.

March 12, 2009.

Attorney(s) appearing for the Case

Jonathan A. Kesler, Canton, for appellant (case no. A08A2199).

Richard A. Jones, for appellant (case no. A08A2200).

Garry T. Moss, District Attorney, Lawton W. Scott, Sara A. Thompson, Assistant District Attorneys, for appellee.

ADAMS, Judge.

Following a bench trial, the trial court found co-defendants Juan Eduardo Diaz and Victor Luis Diaz each guilty of two felony counts of possession with intent to distribute a noncontrolled substance, OCGA § 16-13-30.1.1 In Case No. A08A2199, Juan Diaz appeals claiming that the rule of lenity required that he be punished for the misdemeanor offense of distributing an imitation controlled substance, OCGA § 16-13-30...

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