dissenting.
The 1985 amendment to OCGA § 16-13-31 (a) did not repeal the provisions making possession of cocaine a crime, but merely affected the penalties involved. Consequently, the rule, that repeal of a criminal statute terminates a prosecution under that statute, is inapplicable here. The rationale of that rule is that there has been a change in public policy in decriminalizing particular acts and one accused of such acts should no longer be prosecuted for their commission. No such change in public policy is reflected in this amendment. Possession of cocaine continues to be unlawful.
Gunn v. State, 227 Ga. 786, 787 (183 SE2d 389) (1971); Gunn v. Balkcom, 228 Ga. 802 (188 SE2d 500) (1972), and State v. Fordham, 172 Ga. App. 853 (324 SE2d 796) (1984), represent an entirely different rule of law. There, where the acts when committed are not statutorily proscribed, the actor may not be criminally prosecuted for their commission.
I respectfully dissent.
I am authorized to state that Chief Justice Marshall and Justice Weltner concur in this dissent.