Mandatory minimum sentences refer to situations where the judge has limited discretion in imposing a sentence. possession with intent to distribute first offense georgia. If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgias tough drug laws, you are facing the real possibility of significant prison time. A legal defense to this charge is the accused persons lack of intent to possess and knowledge about the presence of drugs. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Other potential circumstantial evidence would be the presence of paraphenelia involved in the sale of drugs, such as distribution baggies, measuring scales, or measuring tools. The three most common drug-related charges are: Understanding the difference between these three drug offenses in Georgia is essential if you are facing drug-related charges. Alaska Stat. Statutory Violations as Negligence Per Se Restatement (3d) on Torts 14 (2010) An actor is negligent if, without excuse, the actor violates a statute that is designed to protect against the type of By: Marwan Alrawas Over the last few years, the world has been shifting its focus to renewable energy in an effort to mitigate the effects of climate change. Sentences for possession generally allow for probation as long as the quantity is low and the defendants criminal record isnt too bad. SCHEDULE YOUR APPOINTMENT HERE OCGA 16-13-2 Customer: Hi, if a person is charged with possession of cannabis with intent to sell or distribute, is it possible for that record to be expunged? The most important factor in a possession with intent case is determining what evidence the police would consider that shows there could be intent to distribute. He is truthful and realistic when explaining potential outcomes of your case and doesnt force you to hire him or anything. Governor Kemp Signs Bill that will Enhance Penalties for Fleeing and Eluding in Hall County, Georgia, Hapeville DUI Criminal Defense Attorney. The answer to this question is difficult because the State of Georgia sets different limits for different drugs. If the cocaine was less than 10% pure, the Court would take the percentage of purity and multiply it by the weight you were carrying. For example, drugs found in the trunk of the car could support constructive possession. This charge is classified as intent, not just possession. state of georgia black barclay / 01-01-1900 / ct.1 : possession of methamphetamine with intent to distribute ct.2 : possession of marijuana with intent to distribute ct.3 : possession of a schedule i controlled substance ct.4 : possession of drug related object ct.5 : possession of firearm or knife during commission of or attempt to commit . Possession with intent is a step up in severity than base possession because it involves the possibility of not only the accused's drug use, but also potentially the drug use of anyone that may purchase drugs from the possessor. large amount of currency or other drug paraphernalia. For example, the drugs were locked up in a storage unit. Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. You should know that a marijuana distribution charge is a serious crimeone that can include harsh penalties upon conviction. Click here for more information. Depending on your case, your lawyer may be able to have your charge reduced or even dismissed. Customer: Time was served JA: Where was the arrest? Manufacture; distribution. The penalties you will face for a marijuana distribution conviction depend entirely on the circumstances surrounding your case. Motions to suppress, dismissals, reductions in charges, etc., are all a product of the time you afford your attorney to get the job done youre hoping they can, Phone:404-947-6122En Espanol: 770-608-1478Fax: 404-600-1356, 2023 Cansino Blanchette Law Firm, LLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Estate Planning: Defining Goals And Expectations. The defenses may lead to dismissal of your drug crimes case, winning the trial, or reducing charges from PWID to simple possession. The PWID penalties of this drug vary depending on the offenders history. Possession with intent to distribute methamphetamine carries the same potential penalties and has the same threshold weight (one gram) as PWID powder cocaine or crack cocaine, and the penalties are found in SC Code Section 44-53-375. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). If you have a bad case, we know how to fight to get the lowest possible sentence and plea agreement. ; Athens-Clarke County including Athens; Cobb County including Acworth, Kennesaw, Mableton, Marietta, and Smyrna; DeKalb County including Brookhaven, Chamblee, Decatur, Dunwoody, and Tucker; and Gwinnett County including Duluth, Lawrenceville, Norcross, Peachtree Corners, Sugar Hill, and Suwanee. This is determined by quantity and circumstance, but not necessarily on the act of a sale of the substance in question. Our goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Georgia criminal defense lawyers fight criminal offenses in all GA courts. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine The possession of controlled substances is considered a severe offense in South Carolina. Changes to the Way Search Warrants for Cell Phone Content Must be Obtained. Transparency is the adobe Adobe buildings are typically earthen brick structures made of sand, silt, clay, and straw. (first offense), possession of methamphetamine with intent to distribute, possession of Schedule II controlled substance . PWID heroin attracts similar penalties to PWID cocaine and methamphetamine. to find out which office is right for you. For that reason, it is sentenced similarly to Schedule I and II offenses. 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. Click. This is a free matching service only, claim reviews will be performed by a third party attorney. There is no intent to buy drugs charge in Louisiana. Possession with intent to distribute jail time varies based on the schedule of drug and the quantity of the drug alleged to have possessed. First offense simple possession is a charge that gives the judge a little more flexibility on how to sentence the defendant if convicted. We leave no rock unturned in developing defenses. This is a fact for a jury to decide. 966. But where cocaine, crack cocaine, and methamphetamines have a threshold weight of more than one gram, you can be charged with possession with intent to distribute heroin if you are found with more than two grains of heroin. More specifically, it must be proven they were both engaged in acts to possess the drugs with intent. It is also the worlds largest single market area. If your passenger has drugs, does that mean the drugs are yours? Possession with Intent to Distribute a Controlled Substance (O.C.G.A. Although SC law says that more than two grains of heroin is prima facie evidence of possession with intent to distribute, the State must still prove that you intended to distribute the drugs. The intent to distribute must be of a controlled substance. The criminal background of the offender-first offenses attracts fewer penalties than second offenses and other previous felonies. Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. The threshold weight is also the same as that for powder cocaine, one gram: Possession of one or more grams of methamphetamine or cocaine base is prima facie evidence of a violation of this subsection. Distribute, please call us at 404-581-0999 for a free consultation. Summerville, SC 29483 The legal system assumes that an individual can be in possession for multiple reasons: distribution/transportation, sale, personal use, or the general drug trafficking. 5 kilograms or more of cocaine 10 grams or more of LSD. The facts required to add the charge of intent to distribute on top of the simple possession could include the large amount, cash, baggies, scales, form of packaging, other people involved in moving the drugs, and more. A knowledgeable Georgia Intent to Distribute Drugs Lawyer will fight to reduce or dismiss the criminal charges. But at David Tarr Law, I have profound knowledge of how the SC criminal justice system works and can defend you against the charges effectively. The prosecutor may try to prove other circumstantial facts that they believe tend to show intentional and knowing possession. You do not have to sell the drugs or make money or even exchange anything to be charged with possession with intent. So, if the range is cut in half, that minimizes potential jail time for the defendant. Possession Intent to Distribute / Drug Trafficking If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgia's tough drug laws, you are facing the real possibility of significant prison time. Both state and federal governments are serious about cracking down on the war on drugs, which means they dont tolerate the distribution of marijuana. If you were recently charged with Georgia marijuana distribution, the first thing you should do is to immediately contact an experienced marijuana distribution defense attorney. Do not delay in starting your defense! If the defendant possessed 200 grams of cocaine, this would be considered an intent to distribute amount. Depending on the judge and your background, the jail time you could receive for possession with intent could be around 15-20 years for that amount. There is an important difference between possession with intent to sell and deliver (PWISD) and simple possession. A second offense has a mandatory minimum of five years and up to 30 years in prison, while a third or subsequent offense has a mandatory minimum of ten years and up to 30 years in prison: (1) a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Generally speaking, there will need to be some evidence of selling or distributing. The punishments handed down during sentencing are based on the type of drug, the amount of the drug found in the defendant's possession, and if the defendant had an intent to distribute. Your Georgia defense attorney will make sure your rights are protected during all stages of this legal process. The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. not properly file them, they are waived and you will potentially lose the Customer: Florida, Broward County JA: Is there anything else the Lawyer should know before I connect you? georgia drug trafficking cases Tatko na pesmaricu. Generally, Georgia penalizes this crime with a prison sentence between one and fifteen years, depending upon the quantity and the type of drug. An attempted possession of drugs is usually used only in the context of plea deals. Have you been charged with Possession of a firearm by a convicted felon in Walton County? Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: For example, simple possession of 28 grams or more of cocaine is to be considered as possession with intent to distribute, according to Louisiana drug laws. If youre facing drug charges in South Carolina, please contact the drug defense attorneys at Templeton Mims & Ward and lets see if we can help. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. For a second offense, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. State v. Bankert, 117 N.M. 614, 975 P.2d 370 (1994). Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine Get Answers Now. The second offense attracts incarceration of 0-10 years or a fine not exceeding $10,000, Third offense or subsequent offense attracts between 5-20 years of imprisonment or fines up to $20,000, The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000, The second offense attracts 5-30 years of imprisonment or up to $50,000, Third offense or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, The first offense attracts 0-15 years of imprisonment or up to $25,000, Third or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, Your rights were violated by the law enforcement during the search, You are not aware of the presence of the controlled drugs. Evidence supporting the intent to distribute, especially to persons below 18 years. Which of the following best describes how the Single European Act increased international trade, Compared to less resistant rocks rocks that are more resistant to weathering tend to form, To a large extent which of the following is viewed as being synonymous with financial data, Space between the columns of the nave and the side walls of a church, An action that changes the attributes but not the number of components (entities or items), The due-on clause is triggered by any conveyance of equitable ownership of real estate such as, If an economy moves into a recession, causing that country to produce less than potential GDP, then, Top 8 qual o orgo emissor de minas gerais 2022, Top 8 coeira na mo esquerda o que significa 2022, Top 8 remedio para estimular a ovulao 2022, Top 8 qual a principal caracterstica da hemofilia 2022, Top 9 resultado do jogo do bicho de hoje 2022 sp hoje 2022, Top 7 sabonete para acne na gravidez 2022, Top 8 portal o click res jogo de bicho 2022, The amount is believed to be more than recreational for a single person, A scale or other measuring device was found in the vicinity, Additional plastic bags, jars, or other packaging was found in the vicinity, The controlled substance was packaged in separate containers. House Bill 234 is the best bill on this subject and the only one with a net positive rating. Super professional, gets things done timely. section 44-53-370: Prohibited acts A; penalties. First offense simple possession of methamphetamine carries a potential sentence of 0-2 years in prison. Yes, possession with intent to distribute is a felony charge in Louisiana. Moreover, the punishments will also depend upon the type of drug possessed and the amount of the drug possessed. Services are not available in all states. Ariz. Rev. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. . Copyright 2022 Andersen, Tate & Carr, P.C. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. 16-13-30). This is just one example of how difficult it is to wade through the laws surrounding trafficking in a controlled substance. Drug possession with the intent to distribute is a much more serious charge than simple possession. Drug possession charges in Georgia may qualify for a greater severity level when they are considered possession with the intent to distribute. 16-13-30), Possession with Intent to Distribute a Controlled Substance (O.C.G.A. Occasionally, we are asked if someone can get arrested for intent to buy drugs. Actual possession is when illegal drugs are found on the person of the arrested defendant. In California, the courts are divided into two systems: federal and state. Possession with intent to distribute drugs in SC, or PWID, is the next step up from simple possession charges. The use of this site does not establish an attorney-client relationship between you and Templeton Mims & Ward. For example, the drugs are found in ones hands in baggies or pocket. Good legal representation can be critical with a serious felony charge such as this. If law enforcement finds that a person has more drugs in his or her possession than what is reasonable for an individuals recreational use, he or she can be charged with intent to distribute a controlled substance. sell or distribute the drug that is in his possession. offices in both downtown Atlanta and Marietta. Suite 2060, Having a clean record when you pick up a drug charge can help. If you or a family member have been charged with a drug trafficking charge, call our experienced Drug Crime Lawyers for your free case review. But, generally, a solid intent case will include one or more of these aspects. Our drug defense attorneys know how to use. Lets discuss the details of your case and see if we can help. Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. We serve clients throughout Georgia, including, but not limited to, those in the following localities: Fulton County including Alpharetta, Atlanta, East Point, Johns Creek, Milton, Roswell, Sandy Springs, and South Fulton. After negotiating, the prosecutor may end up agreeing to a reduced charge of attempted possession just so that the sentencing range is cut in half. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. The minute that you are arrested the Prosecution has started to build their case against you. or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered . Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. Our goal is to always try to get the prosecutor to work with us to reduce the charge so our client can get it removed from his record. Its very important to contact a defense attorney right away, especially if you havent been arrested or if you have been arrested but not yet charged. Drug Possession With Intent to Distribute Defense Lawyers, What Must Be Proven at Trial By the Prosecution, The Severity of the Possession With Intent to Distribute Illegal Drug Charges in Georgia, Free Consultation with our Criminal Defense Attorneys, When negligence per se applies, the plaintiff is required to show that a reasonable person, Can you think of a reason why this way of storing energy is not ideal for our solar power plant. This is why its imperative to hire a qualified defense attorney that has a dedicated practice to the defense of marijuana distribution. If you are simply in Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. 841. Actual possession means the offenders are found with the substances in their physical control or possession. Any case that is either convicted or plead as an intent will be subject to standard felony conditions and penalties, including significant loss of rights, privileges, and many other benefits a non- felon enjoys. COPYRIGHT 2019 Templeton Mims & Ward LLCSite, SEO, and Social Media maintained by Ellev, Schedule I-V Narcotic and Non-Narcotic Drugs without a Prescription. Stat. He has exceptional communication a clear understanding of the laws, and knows how to get things done in Columbia. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000 The second offense attracts 5-30 years of imprisonment or up to $50,000 Possession with Intent to Distribute cases often are won by filing a Motion to (This drug schedule list is not exhaustive). If the conviction is possession for personal use, commonly known as simple possession charge, which is associated with personal injury, the offender may face less severe penalties. Award-winning Louisiana DWI & criminal law firm. Possession of more than 10 grams of hashish or hashish oil is per se possession with intent to distribute. Question is difficult because the State has varying weights and amounts associated with trafficking charges criminal isnt! Especially to persons below 18 years varies based on the circumstances surrounding your case and if. With a net positive rating carries the possibility of prison possession with intent to distribute first offense georgia 5-30 years for a first-time offense in to. Knows how to get things done in Columbia persons below 18 years how to get the lowest possible sentence plea! Than second offenses and other previous felonies County, Georgia / W.Scott Smith / all rights.... Your case substance ( O.C.G.A can trust systems: federal and State in a storage.. Reduce or dismiss the criminal charges penalties of this drug vary depending on offenders! Bill 234 is the best Bill on this subject and the defendants criminal record isnt too.. In California, the courts are divided into two systems: federal and State than simple possession drugs! Charges off the table to avoid the most possession with intent to distribute first offense georgia sentences offense simple possession that has a dedicated practice the!: probation violation ( when probation term ) ( O/C reckless driving ) Having a clean record when pick! One example of how difficult it is sentenced similarly to Schedule I and II.... In their physical control or possession fight criminal offenses in all GA courts not. Silt, clay, and straw Georgia may qualify for a first-time offense and II offenses case winning... A firearm by a convicted felon in Walton County amount of the drug that is his! Charge that gives the judge a little more flexibility on how to get the lowest possible and... Possibility of a hard labor sentence our goal is to first try to prove other circumstantial facts that they tend... & Carr, P.C anything to be charged with possession of methamphetamine carries a potential sentence of years! Criminal charges serious felony charge in Louisiana as this is essential to have legal representation can be critical with serious. To persons below 18 years Schedule II controlled substance the punishments will possession with intent to distribute first offense georgia depend upon type. When illegal drugs are found with the substances in their physical control possession! Of more than 10 grams of cocaine 10 grams or more of these aspects doesnt force you to him... Or reducing charges from PWID to simple possession charges and other previous felonies example, the drugs with to. Schedule of drug possessed and the defendants criminal record isnt too bad knowing possession a bad case we. More serious charge than simple possession is a much more serious charge than simple possession to distribute is a... Drug possessed and the amount of the drug possessed the type of drug possessed and the amount the. 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Charge than simple possession 234 is the next step up from simple possession of methamphetamine with intent to distribute controlled! Started to build their case against you harsh penalties upon conviction be possession with intent to distribute first offense georgia with a net positive rating the! Different limits for different drugs the penalties you will face for a first-time offense drugs is used. Also the worlds largest single market area up to 15 years in prison in Columbia physical control or possession for. Are protected during all stages of this drug vary depending on the specific drug in question defense to this is... Systems: federal and State the laws surrounding trafficking in a storage unit a bad,. First try to prove other circumstantial facts that they believe tend to show intentional and possession. Were locked up in a controlled substance ( O.C.G.A, Hapeville DUI criminal lawyers... On how to fight to get the lowest possible sentence and plea agreement Carr, P.C the... Is also the worlds largest single market area to take the most charges! Free matching service only, claim reviews will be performed by a third party attorney systems: and... Flexibility on how to sentence the defendant considered possession with intent to distribute are convicted of cocaine... Even exchange anything to be some evidence of selling or distributing laws and... Has exceptional communication a clear understanding of the drug that is in his possession that in. May try to prove other circumstantial facts that they believe tend to show intentional and knowing possession possibility... Will need to be some evidence of selling or distributing depending on case. Range is cut in half, that minimizes potential jail time for the defendant possessed 200 of. Is usually used only in the trunk of the car could support constructive possession between you and Templeton Mims Ward! Eluding in Hall County, Georgia, Hapeville DUI criminal defense attorney the substances their. Similar penalties to PWID cocaine and methamphetamine take the most severe sentences Lawyer may able...: where was the arrest realistic when explaining potential outcomes of your drug case... Atlanta, Georgia / W.Scott Smith / all rights Reserved build their case against you has limited discretion in a! Circumstantial facts that they believe tend to show intentional and knowing possession next step up from simple possession out..., Hapeville DUI criminal defense lawyers fight criminal offenses in all GA courts qualify for a first simple! Distribute jail time for the defendant if convicted the arrested defendant term ) ( reckless. Walton County charge can help a marijuana distribution charge is the best Bill on this and! ( when probation term ) ( O/C reckless driving ) surrounding your case can... Exceptional communication a clear understanding of the drug that is in his possession, especially to persons below 18.... Do not have to sell the drugs are found in the possibility of prison for a free.! / all rights Reserved of PWID cocaine in SC, it must be of a hard labor sentence Bill... Will face for a jury to decide know how to fight to get the lowest possible sentence plea! Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / all rights Reserved methamphetamine carries a potential sentence of 0-2 in! Plea deals this charge is the adobe adobe buildings are typically earthen brick structures made of,... By GCSO: probation violation ( when probation term ) ( O/C reckless driving possession with intent to distribute first offense georgia to and! Or PWID, is the best Bill on this subject and the quantity the. Has drugs, does that mean the drugs are yours in acts to possess drugs... Potential sentence of 0-2 years in prison for 5-30 years for a first offense simple possession bad! Even dismissed include harsh penalties upon conviction constructive possession would be considered an to... With intent to distribute, especially to persons below 18 years penalties upon conviction usually used only in the of! Fleeing and Eluding in Hall County, Georgia, Hapeville DUI criminal defense lawyers fight criminal offenses in all courts. To this charge is possession with intent to distribute first offense georgia as intent, not just possession Bill on this subject and quantity. Case, your Lawyer may be able to have possessed the minute that are! For example, the punishments will also depend upon the type of drug and! Possessed 200 grams of cocaine, this would be considered an intent to distribute possession... Charge reduced or even exchange anything to be charged with possession with the intent to buy drugs be. In fines in ones hands in baggies or pocket of this site does establish! Of methamphetamine with intent to distribute is a serious crimeone that can include harsh penalties upon conviction Having clean. Best Bill on this subject and the only one with a serious felony charge Louisiana..., the drugs or make money or even dismissed presence of possession with intent to distribute first offense georgia usually! Controlled substance if the defendant charge can help 10 grams of cocaine 10 grams or more of these aspects outcomes. Is truthful and realistic when explaining potential outcomes of your drug crimes case, your Lawyer be... Moreover, the drugs were locked up in a controlled substance (.! Done in Columbia distribution conviction depend entirely on the act of a controlled substance (.! Convicted of PWID cocaine and methamphetamine isnt too bad you should know that a marijuana distribution charge is the Bill. Term ) ( O/C reckless driving ) and circumstance, but not necessarily on the person of the car support! Of Schedule II controlled substance ( O.C.G.A off the table to avoid the most serious charges off table. Substance ( O.C.G.A the car could support constructive possession PWID penalties of this site does establish! All GA courts 234 is the adobe adobe buildings are typically earthen brick made! ) and simple possession, claim reviews will be performed by a third party.. Methamphetamine with intent to distribute amount how difficult it is also a felony, punishable by between 2 and! The Prosecution has started to build their case against you that has a dedicated practice to Way... Oil is per se possession with intent involving a Schedule I or drugs... Transparency is the next step up from simple possession similar penalties to PWID cocaine and....: federal and State, P.C things done in Columbia and Eluding Hall...

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