Mann v. State, 541 S.E.2d 645 (Ga. 2001). · Go Syfert
Mann v. State, 541 S.E.2d 645 (Ga. 2001). Cases Citing This Book View Copy Cite
106 citation events (106 in the last 25 years) across 2 distinct courts.
Strongest positive: David Griffin v. State (gactapp, 2024-12-10)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (rule) David Griffin v. State
Ga. Ct. App. · 2024 · confidence medium
See, e.g., Gee v. State, 225 Ga. 669, 676 (7) ( 171 SE2d 291 ) (1969) (“[w]here a crime is penalized by a special law, the general provisions of the penal code are not applicable”) (citation and punctuation omitted); Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001) (same); Stovall v. State, 216 Ga. App. 138, 142 (7) ( 453 SE2d 110 ) (1995) (the more specific sentencing statute prevailed despite providing a greater punishment). 7 (A) If the offense is committed in such officer’s presence or within such officer’s immediate knowledge; (B) When in immediate pursuit of an offende…
discussed Cited as authority (rule) Smallwood v. State (2×)
Ga. · 2020 · confidence medium
See also Woods v. State, 279 Ga. 28, 30-31 (3) ( 608 SE2d 631 ) (2005); Dixon v. State, 278 Ga. 4, 5 (1) ( 596 SE2d 147 ) (2004); Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) State v. Hudson
Ga. · 2018 · confidence medium
In a case in which two different criminal statutes may apply, “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” (Punctuation omitted.) Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Richard L. Merritt v. State
Ga. Ct. App. · 2014 · confidence medium
The 1 OCGA § 17-10-7 (c) provides in relevant part: “[A]ny person who, after having been convicted under the laws of this state for three felonies or having been convicted under the laws of any other state or of the United States of three crimes which if committed within this state would be felonies, commits a felony within this state shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided in the sentence of the judge based upon such conviction and shall not be eligible for parole until the maximum sentence has been served.” 8 provisions …
discussed Cited as authority (rule) Merritt v. State
Ga. Ct. App. · 2014 · confidence medium
The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.” Mann v. State, 273 Ga. 366, 368 ( 541 SE2d 645 ) (2001), quoting OCGA § 16-13-30 (d); see also Johnson v. State, 259 Ga. App. 452, 457 (4) ( 576 SE2d 911 ) (2003); State v. Jones, 265 Ga. App. 493, 494 (2) ( 594 SE2d 706 ) (2004) (OCGA § 17-10-7 (c) applies to a second offense under OCGA § 16-13-30 (b), and the time imposed must be served without parole).
discussed Cited as authority (rule) State v. Nankervis
Ga. · 2014 · confidence medium
However, where there is a specific and a general criminal statute, the 7 rule of lenity is not implicated, and “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001) (punctuation omitted); see also Woods v. State, 279 Ga. 28, 31 (3) ( 608 SE2d 631 ) (2005) (“Where a crime is penalized by a special law, the general provisions of the penal code are not applicable.”) (citation and punctuation omitted).
discussed Cited as authority (rule) State v. Nankervis
Ga. · 2014 · confidence medium
However, where there is a specific and a general criminal statute, the rule of lenity is not implicated, and “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001) (punctuation omitted); see also Woods v. State, 279 Ga. 28, 31 (3) ( 608 SE2d 631 ) (2005) (“Where a crime is penalized by a special law, the general provisions of the penal code are not applicable.”) (citation and punctuation omitted).
discussed Cited as authority (rule) Terrence Berry v. State
Ga. Ct. App. · 2012 · confidence medium
A driver is presumptively in possession of all items found within his vehicle.19 Based upon the evidence adduced at trial, as discussed in 18 See Mann v. State, 273 Ga. 366, 370-371 (2) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Ellis v. State
Ga. · 2010 · confidence medium
Accordingly, we conclude that Ellis has “failed to show that there is a reasonable probability that the outcome of the trial would have been different but for trial counsel’s [purported] omission. [Cits.]” Everett v. State, supra. See also Mann v. State, 273 Ga. 366, 370-371 (2) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Baylis v. Daryani
Ga. Ct. App. · 2008 · confidence medium
Although Baylis and CI² contend the trial court erred by relying upon OCGA § 9-10-112 because it is “faulty” and conflicts with the general provision of the Civil Practice Act, OCGA § 9-11-8 (b), it is well settled that “ ‘a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.’ ” (Footnote omitted.) Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Goldberg v. State
Ga. · 2007 · confidence medium
However, that principle does not control here unless OCGA § 16-7-1 (b) and OCGA § 17-10-7 *544 (a) are “conflicting provisions.” Gee v. State, 225 Ga. 669, 677 (7) ( 171 SE2d 291 ) (1969). “[I]n interpreting criminal statutes, it is axiomatic that any ambiguities must be construed most favorably to the defendant. [Cits.]” Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2007 · confidence medium
He relies upon the longstanding principle of statutory construction that “a specific statute will prevail over a general statute, absent any indication of a *502 contrary legislative intent.” (Punctuation and footnote omitted.) Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Gillen v. State (2×)
Ga. Ct. App. · 2007 · confidence medium
Although OCGA § 17-10-1 (a) (1) gives the trial court authority to suspend or probate all or any part of a sentence, the trafficking statute clearly provides that an “adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section.” OCGA § 16-13-31 (g) (1). 3 And “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” (Citation, punctuation and footnote omitted.) Mann v. State, 273 Ga. 366, 368 (1…
examined Cited as authority (rule) Butler v. State (3×)
Ga. · 2006 · confidence medium
Our holding is consistent with this Court's opinion in Mann, supra, 273 Ga. at 368-369 (1), 541 S.E.2d 645 , in which we recognized that the Legislature's 1996 amendment to OCGA § 16-13-30(d) served to block the application of a portion of OCGA § 17-10-7, namely, subsection (a), in order to uphold the discretion the Legislature chose at that time to give trial courts regarding the sentencing of those persons with a prior felony conviction who are convicted of violating OCGA § 16-13-30(b). [3] There would be no need for the language in OCGA § 16-13-30(d) blocking the application of subsecti…
discussed Cited as authority (rule) Dixon v. State
Ga. · 2004 · confidence medium
See, e.g., Gee v. State, 225 Ga. 669, 676 ( 171 SE2d 291 ) (1969) (“ ‘[w]here a crime is penalized by a special law, the general provisions of the penal code are not applicable’ ”); Mann v. State, 273 Ga. 366, 368 ( 541 SE2d 645 ) (2001) (same).
discussed Cited as authority (rule) State v. Jones
Ga. Ct. App. · 2004 · confidence medium
Moton, supra at 399 (3); Morgan v. State, 220 Ga. App. 198, 201 ( 469 SE2d 340 ) (1996). 6 OCGA § 16-13-30 (d). 7 Brown v. State, 252 Ga. App. 714, 715 ( 556 SE2d 881 ) (2001). 8 Johnson, supra at 457 (4). 3 (Emphasis supplied.) 4 (Punctuation and footnotes omitted.) Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001).
discussed Cited as authority (rule) Morrison v. State
Ga. · 2003 · confidence medium
Fleming, 259 Ga. at 688, 691 . 15 Patillo, 262 Ga. at 260-261 ; Foster, 272 Ga. at 70-71 (3). 16 See Kyler v. State, 270 Ga. 81, 82 (2) ( 508 SE2d 152 ) (1998) abrogated on other grounds by Mann v. State, 273 Ga. 366, 370 ( 541 SE2d 645 ) (2001); Prince v. State, 257 Ga. 84, 88 (6) ( 355 SE2d 424 ) (1987). 17 Laney v. State, 271 Ga. 194, 198 (11) ( 515 SE2d 610 ) (1999); Malaguti v. State, 273 Ga. 398, 403 (5) ( 543 SE2d 1 ) (2001). 18 536 U. S. 304 (122 SC 2242, 153 LE2d 335) (2002). 19 536 U. S. 584 (122 SC 2428, 153 LE2d 556) (2002). 20 Atkins, 122 SC at 2250, quoting Ford v. Wainwright, 47…
discussed Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2003 · confidence medium
The apparent conflict between the specific sentencing scheme for shoplifting and the general recidivist sentencing scheme is addressed by application of the principle that “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” (Punctuation and footnote omitted.) Mann v. State, 273 Ga. 366, 368 ( 541 SE2d 645 ) (2001); Norwood v. State, 249 Ga. App. 507, 508-509 ( 548 SE2d 478 ) (2001).
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2003 · confidence medium
In sentencing Johnson, the trial court did not consider this additional conviction. 15 (Footnotes omitted.) Mann v. State, 273 Ga. 366, 368 (1) ( 541 SE2d 645 ) (2001). 16 252 Ga. App. 714, 715-716 ( 556 SE2d 881 ) (2001). 17 Blackwell v. State, 237 Ga. App. 896, 898 ( 516 SE2d 787 ) (1999). 18 (Footnotes omitted.) State v. Jones, 253 Ga. App. 630, 632 ( 560 SE2d 112 ) (2002). 19 See Brown, supra at 716 . 20 See Scott v. State, 248 Ga. App. 542, 545 ( 545 SE2d 709 ) (2001) (trial court mistakenly observed that the only possible sentence was life without parole). 21 See also Brown, supra at 716…
discussed Cited as authority (rule) Johnson v. State (2×)
Ga. · 2002 · confidence medium
Mann v. State, 273 Ga. 366, 368 (1), 541 S.E.2d 645 (2001); Vines v. State, supra. See also Norwood v. State, 249 Ga. App. 507, 509 (2), 548 S.E.2d 478 (2001); Chastain v. State, 231 Ga.App. 225, 228 (4), 498 S.E.2d 792 (1998) ("`(w)here a crime is penalized by a special law, the general provisions of the penal code are not applicable.' [Cits.]"); Stovall v. State, 216 Ga.App. 138, 142 (7), 453 S.E.2d 110 (1995) (the more specific sentencing statute prevailed despite providing a greater punishment).
discussed Cited as authority (rule) O'DONNELL v. Durham (2×)
Ga. · 2002 · confidence medium
Reliance upon the general provisions of OCGA § 15-6-9, rather than upon the specific statutory limitation imposed by OCGA § 9-14-52(c) would be contrary to the principle that "`a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.' [Cit.]" Mann v. State, 273 Ga. 366, 368 (1), 541 S.E.2d 645 (2001).
discussed Cited as authority (rule) Tackett v. State
Ga. Ct. App. · 2002 · confidence medium
Skandalakis, District Attorney, Lynda S. Caldwell, Assistant District Attorney, for appellee. 1 (Citation omitted.) Martinez v. State, 241 Ga. App. 863 -864 (1) ( 528 SE2d 294 ) (2000). 2 (Footnotes omitted.) Taylor v. State, 248 Ga. App. 715, 717 (5) ( 548 SE2d 414 ) (2001); see also Eller v. State, 253 Ga. App. 573, 574 (1) ( 560 SE2d 60 ) (2002) (“Since [defendant’s] trial counsel did not testify at the hearing on [defendant’s] ineffective assistance claim, we assume trial counsel’s actions were strategic.”) (footnote omitted). 3 Tackett argues other aspects of what he claims was …
discussed Cited as authority (rule) Buckner v. State
Ga. Ct. App. · 2002 · confidence medium
XII. 12 (Citations omitted.) Burtts v. State, 269 Ga. 402, 403 (3) ( 499 SE2d 326 ) (1998); see Goodroe v. State, 224 Ga. App. 378, 380 (1) ( 480 SE2d 378 ) (1997). 13 Burtts, supra, 269 Ga. at 403 (3). 14 Id. at 403-404 (3). 15 Id. 16 See also Brown v. State, 237 Ga. App. 231, 234-235 (3) ( 517 SE2d 529 ) (1999). 17 139 Ga. App. 820 ( 229 SE2d 685 ) (1976). 18 (Citations omitted.) Id. at 823 (3); accord Wallace v. State, 175 Ga. App. 685, 686 (5) ( 333 SE2d 874 ) (1985); State v. Carter, 175 Ga. App. 38, 39-40 ( 332 SE2d 349 ) (1985). 19 See Bradshaw v. State, 237 Ga. App. 627, 630 (2) ( 516 …
discussed Cited as authority (rule) State v. Cain
Ga. Ct. App. · 2001 · confidence medium
Moreover, because specific sentencing provisions such as OCGA § 16-7-1 (b) prevail over the general recidivist statute at OCGA § 17-10-7, “the general recidivist scheme of OCGA § 17-10-7 will not apply to multiple or repeat convictions under OCGA § 16-7-1 (a) because OCGA § 16-7-1 (b) does not contemplate or permit the applicability of OCGA § 17-10-7.” Norwood v. State, 249 Ga. App. 507, 508-509 (2) ( 548 SE2d 478 ) (2001) (citing Mann v. State, 273 Ga. 366, 368 ( 541 SE2d 645 ) (2001)).
discussed Cited "see" BACON v. the STATE. (2×)
Ga. Ct. App. · 2018 · signal: see · confidence high
Under the rules of statutory construction, "a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent." Williams , 299 Ga. at 634 , 791 S.E.2d 55 (citations and punctuation omitted); see Mann v. State , 273 Ga. 366 , 368 (1), 541 S.E.2d 645 (2001).
discussed Cited "see" Berry v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Mann v. State, 273 Ga. 366, 370-371 (2) ( 541 SE2d 645 ) (2001).
discussed Cited "see" Callahan v. State (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
Andrews, P. J., and Eldridge, J, concur. 1 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 2 OCGA § 24-4-6; Robbins v. State, 269 Ga. 500, 501 (1) ( 499 SE2d 323 ) (1998). 3 Robbins, supra, 269 Ga. at 501 (1). 4 See Moore v. State, 242 Ga. App. 208, 210-211 (1) ( 529 SE2d 210 ) (2000). 5 See OCGA § 17-8-57. 6 Heard v. State, 177 Ga. App. 802, 804 (4) ( 341 SE2d 459 ) (1986). 7 Id.; see Tiller v. State, 218 Ga. App. 418, 419 (2) ( 461 SE2d 572 ) (1995). 8 See Gutierrez v. State, 235 Ga. App. 878, 880 (1) ( 510 SE2d 570 ) (1999). 9 Cf. Moody v. State, 273 Ga. 24, 27 (5) ( …
discussed Cited "see, e.g." Thurston Waller v. State (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
As noted above, the trial court judge retains discretion to sentence a defendant to either ten to forty years in confinement or a life sentence for a subsequent violation of OCGA § 16-13-30 (b), even if the State pursues a recidivist sentence under OCGA § 17-10-7 (c).22 Consequently, “[t]he 22 See Scott, 248 Ga. App. at 545-546 (2); see also Mann v. State, 273 Ga. 366, 369 (1) ( 541 SE2d 645 ) (2001) (holding that the trial court retains discretion to 12 judge’s failure to exercise discretion when sentencing [Waller] to not less than ten years nor more than [forty] years or life imprison…
discussed Cited "see, e.g." Parham v. the State (2×)
Ga. Ct. App. · 2017 · signal: compare · confidence medium
Compare Mann v. State, 273 Ga. 366, 368-369 (1) ( 541 SE2d 645 ) (2001) (defendant properly sentenced under OCGA § 16-13-30 (d), the specific recidivist statute for certain drug offenses, rather than under the general recidivist statute, where the specific statute expressly stated that “[t]he provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense”).
discussed Cited "see, e.g." West v. State (2×)
Ga. Ct. App. · 2002 · signal: see also · confidence low
See also Mann v. State, 273 Ga. 366 ( 541 SE2d 645 ) (2001) (holding that trial court has discretion to follow mandatory sentencing guidelines under OCGA § 16-13-30 (d) for sub sequent convictions for sale of controlled substances under Schedule I and Schedule II).
examined Cited "see, e.g." Perez v. State (4×)
Ga. Ct. App. · 2002 · signal: see also · confidence low
Given our holding in Division 1, we need not address this claim. [5] Bailey v. State, 273 Ga. 303, 306 (4), 540 S.E.2d 202 (2001). [6] Gilliam v. State, 240 Ga.App. 158, 159 (1), 522 S.E.2d 766 (1999). [7] (Citations and punctuation omitted.) Almond v. State, 180 Ga.App. 475, 480 , 349 S.E.2d 482 (1986) (on motion for rehearing). [8] Howard v. State, 233 Ga.App. 724, 729 (5), 505 S.E.2d 768 (1998). [9] Bundrage v. State, 265 Ga. 813, 814 (2), 462 S.E.2d 719 (1995). [10] Id.; but see id. at 817-818 , 462 S.E.2d 719 (Sears, J., concurring specially). [11] 250 Ga.App. 555 , 552 S.E.2d 513 (2001).…
examined Cited "see, e.g." Norwood v. State (4×)
Ga. Ct. App. · 2001 · signal: compare · confidence medium
Compare Clark v. State, 144 Ga. App. 69, 70 ( 240 SE2d 270 ) (1977) (where defendant pleaded guilty in Gwinnett County to theft by receiving a stolen check-writing machine, that amounted to a binding determination that some other party actually stole the machine and estopped the State from prosecuting Clark in Fulton County for the burglary in which the machine was stolen). 4 See Maxey v. State, 239 Ga. App. 638, 640 (2) ( 521 SE2d 673 ) (1999). 5 (Citations omitted.) Mikell v. State, 270 Ga. 467, 468 ( 510 SE2d 523 ) (1999). 6 (Emphasis supplied.) 7 Mann a State, 273 Ga. 366, 368 (1) ( 541 SE…
Retrieving the full opinion text from the archive…
Mann
v.
the State
S00G0478.
Supreme Court of Georgia.
Jan 22, 2001.
541 S.E.2d 645
Steven E. Phillips, for appellant., Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Anne E. Green, Robert C. McBurney, Assistant District Attorneys, for appellee.
Sears.
Cited by 44 opinions  |  Published
Sears, Justice.

In this case the appellant, Calvin Mann, appealed to the Court of Appeals of Georgia from his conviction for possessing cocaine with the intent to distribute, his third conviction for possessing a con[*367] trolled substance with the intent to distribute, and his ninth felony conviction in all. The Court of Appeals affirmed the conviction. [1] We then granted certiorari to consider two questions. The first is whether the Court of Appeals erred in holding that the trial court was not required to sentence Mann to life in prison under OCGA § 17-10-7 (a), the general felony recidivist statute, but instead had the discretion under OCGA § 16-13-30 (d), the specific recidivist statute for certain drug offenses, to sentence Mann either to life in prison or to a term of not less than ten years nor more than 40 years in prison. The second issue is whether the Court of Appeals erred in. holding that Mann was subject to general impeachment by means of a previous felony conviction that the State introduced as “other transaction” evidence in its case-in-chief. We conclude that the Court of Appeals properly held that the trial court had discretion in sentencing Mann under the specific recidivist provisions of § 16-13-30 (d) and was not required to sentence Mann to life in prison under the general recidivist provisions of § 17-10-7 (a). We also conclude, however, that the Court of Appeals erred in holding that Mann was subject to general impeachment by means of the previous conviction in question. Although we conclude that the Court of Appeals erred in this regard, we conclude that the error was harmless, and we therefore affirm Mann’s conviction.

1. Mann was found guilty of possessing cocaine with the intent to distribute, his third conviction for the possession of a controlled substance with the intent to distribute and his ninth felony conviction. The trial court sentenced Mann to life without parole as a recidivist. Before trial, the State had offered Mann a plea bargain with a sentencing recommendation of seven years, to serve two, and the balance on probation. Mann, however, rejected the plea bargain. In his motion for new trial, Mann contended that he had received ineffective assistance of trial counsel because he rejected the plea bargain due to his trial counsel’s failure to inform him that the only sentence he could receive if convicted was life without parole. In this regard, at the hearing on the motion for new trial, defense counsel testified that he told Mann that he could be sentenced from a range of ten years to life in prison, and that, as an eight time recidivist, he would not be eligible for parole.

The trial court denied Mann’s motion for new trial, and on appeal to the Court of Appeals, Mann contended that trial counsel was ineffective for failing to inform him that he would receive a mandatory life sentence without parole. The Court of Appeals, however, ruled that Mann was incorrect in his assertion that he could[*368] only be sentenced to life without parole. The Court instead held that the sentencing judge had the discretion to sentence Mann under § 16-13-30 (d) to “any sentence within the statutory mandatory minimum and maximum sentence range or else to impose a life sentence.” [2] For the reasons that follow, we conclude that the Court of Appeals did not err.

OCGA § 16-13-30 (d) provides that upon a second or subsequent conviction of possession of a controlled substance with the intent to distribute, the trial court has the discretion to impose a sentence of

not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

Under § 17-10-7 (a), a defendant convicted of a second felony offense must be sentenced to the maximum time provided by law, which, in the present case, would be life in prison.

In interpreting the interplay of § 16-13-30 (d) and § 17-10-7, we must bear in mind the principle that “a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.” [3] In this case, § 16-13-30 (d) provides a specific sentencing scheme for defendants convicted more than once of possessing cocaine with the intent to distribute under § 16-13-30 (b). For this reason, the general recidivist scheme of § 17-10-7 will apply to multiple convictions under § 16-13-30 (b) only if § 16-13-30 (d) permits the applicability of § 17-10-7. [4] Finally, in interpreting criminal statutes, it is axiomatic that any ambiguities must be construed most favorably to the defendant. [5]

In this regard, it is undisputed that § 16-13-30 (d) precludes the application of § 17-10-7 (a) to a second conviction under § 16-13-30. Mann, however, contends that because § 16-13-30 (d) specifies that § 17-10-7 (a) is inapplicable only to a second conviction under § 16-13-30, § 16-13-30 (d) should be interpreted as intending for § 17-10-7 (a) to apply to a third or subsequent offense under § 16-13-30 (b). We conclude, however, that it is equally as reasonable, if not more so, to interpret § 16-13-30 (d) as granting a trial court the discretion to sen[*369] tence a defendant for a third or subsequent offense under § 16-13-30 (b) to either life in prison or to a term in prison of not less than ten years and not more than forty years. First, the second sentence of § 16-13-30 (d) plainly provides that trial courts have such sentencing discretion when a defendant is convicted of a second or subsequent offense under § 16-13-30 (b). Moreover, although the first clause of the last sentence of § 16-13-30 (d) provides that § 17-10-7 (a) “shall not apply to a sentence imposed for a second” offense under § 16-13-30 (b), the second clause of that sentence, which provides that the “remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense,” can reasonably be interpreted as precluding the application of § 17-10-7 (a) to a third or subsequent offense under § 16-13-30 (b).

In sum, because the interpretation of § 16-13-30 (d) that grants trial courts discretion in sentencing for a third or subsequent offense under § 16-13-30 (b) is as reasonable as the interpretation advanced by Mann, and because criminal statutes must be construed most favorably to the defendants, [6] we conclude that the Court of Appeals properly interpreted § 16-13-30 (d) as granting trial courts the discretion to sentence defendants for a third or subsequent conviction to a term of between ten to forty years in prison or to life in prison.

2. Over Mann’s objection, the trial court permitted the State to introduce evidence of Mann’s prior conviction for the possession of cocaine with the intent to distribute as a similar transaction. To prove the prior transaction, the State introduced testimony from the arresting officer, as well as a copy of Mann’s conviction. At the time the evidence of the prior transaction was introduced, the trial court gave a proper limiting instruction. Mann also testified at trial, and disputed the State’s version of the events in the present case. During closing arguments, the prosecutor relied on Mann’s prior conviction to attack the credibility of Mann’s testimony. Mann’s counsel failed to object to this argument, and in his motion for new trial, Mann contended that his trial counsel was ineffective in failing to do so, as it was improper for the State to use similar transaction evidence to attack his credibility.

The trial court denied the motion for new trial, and Mann raised the same issue before the Court of Appeals. That Court ruled that, because Mann testified at trial, he was subject to impeachment based upon the prior conviction, as that conviction was “both a felony and a crime involving moral turpitude.” [7] For the reasons that follow, we conclude that the Court of Appeals erred in this ruling.

[*370] To support its holding, the Court of Appeals relied upon this Court’s decision in Kyler v. State 8 In Kyler, the district attorney displayed a ream of computer paper to the jury during closing argument and stated that it was Kyler’s arrest record. Kyler moved for a mistrial, which the trial court denied. The trial court, however, gave a curative instruction to the jury, informing it that

“[s]ince the . . . particular document being referenced by counsel is not in evidence, you are not to suspect, speculate or infer as to . . . what is contained in any document not in evidence, and therefore those items should not be used by you or considered by you in reaching your decision in this case.” [9]

On appeal, Kyler contended that the trial court erred in denying his motion for a mistrial. We held that because Kyler had testified, his “credibility was subject to impeachment on the basis of a prior conviction for a crime of moral turpitude or upon the introduction of a certified felony conviction”; that the district attorney erred in failing to follow this procedure; that, instead, the district attorney had improperly injected into closing argument prejudicial material that had not been introduced into evidence at trial; but that the error was harmless considering the trial court’s curative instruction and the overwhelming evidence of Kyler’s guilt.

In hindsight, although this Court was correct in holding that the error in Kyler’s case was harmless, we erred in stating that simply because Kyler testified, he could be impeached by a prior felony conviction involving moral turpitude. [10] The proper rule, in relevant part, is that a defendant who testifies may not be impeached by a prior felony conviction involving moral turpitude unless he first has placed his character into evidence. [11] Here, Mann did not place his character into evidence at trial, and the Court of Appeals thus erred in holding that Mann’s credibility was subject to impeachment with his prior felony conviction, and that Mann’s claim of ineffective assistance of trial counsel was without merit since trial counsel’s performance was not deficient in failing to object to a proper closing argument. We conclude, however, that, even if trial counsel performed deficiently in failing to object to the prosecutor’s closing argument, Mann’s claim of ineffective assistance of counsel is without merit, as given the over[*371] whelming evidence of guilt, there is no reasonable probability that the result of the trial would have been different if defense counsel had objected to the argument and the trial court had taken appropriate action. [12]

Decided January 22, 2001. Steven E. Phillips, for appellant. Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Anne E. Green, Robert C. McBurney, Assistant District Attorneys, for appellee.

Judgment affirmed.

All the Justices concur.
1

Mann v. State, 240 Ga. App. 809 (524 SE2d 763) (1999).

2

Mann, 240 Ga. App. at 810. There is no dispute that Mann was not eligible for parole, whatever the length of the sentence imposed, as subsection (c) of § 17-10-7 provides that after a fourth felony conviction, a defendant is not eligible for parole.

3

See Vines v. State, 269 Ga. 438, 440 (499 SE2d 630) (1998).

4

See Mikell v. State, 270 Ga. 467 (510 SE2d 523) (1999).

5

Vines, 269 Ga. at 438-439; State v. Mills, 268 Ga. 873, 875 (495 SE2d 1) (1998); Paras v. State, 247 Ga. 75, 76 (274 SE2d 451) (1981).

9

(Emphasis omitted.) Id, at 85.

10

Our error in this regard was dicta, as Kyler’s alleged error, as well as our holding that error occurred, was based upon the district attorney’s act of introducing prejudicial matters into evidence during closing argument.

11

OCGA § 24-9-20 (b); Jones v. State, 257 Ga. 753, 754-755 (363 SE2d 529) (1988).

12

Jeffries v. State, 272 Ga. 510, 512 (4) (530 SE2d 714) (2000).