BLACKBURN, Judge.
On June 26, 1992, an indictment was returned against appellant, Frederick Rawls, charging him with trafficking in cocaine. Pursuant to North Carolina v. Alford, 400 U.S. 25 ( 91 SC 160, 27 L.Ed.2d 162) (1970), Rawls pled guilty to the lesser included offense of possession of cocaine with intent to distribute, a violation of OCGA § 16-13-30 (b). Under OCGA § 16-13-30, the penalty for that offense consists of various terms of imprisonment, but no monetary fines. The trial court, however, sentenced Rawls to 20 years' imprisonment and ordered him to pay a fine of $100,000, a penalty fee pursuant to OCGA § 15-21-73 of $50, a jail fee of $10,000, and a D.A.T.E. fee of $50,000. On appeal, Rawls argues that the trial court improperly imposed fines, in the absence of statutory authority or a probated sentence. The State concedes this issue, and we agree.
As noted above, the statutory penalty for possession of cocaine with the intent to distribute does not include a monetary fine. OCGA § 17-10-8 allows for the imposition of a fine as a condition of probation, but "[w]here the trial court does not award probation, the imposition of a fine in addition to a prison sentence is outside the trial court's discretion...." (Citations and punctuation omitted.) Wood v. State, 204 Ga. App. 467, 469 ( 419 S.E.2d 534) (1992) (also involving a conviction for possession of cocaine with intent to distribute). Additionally, the imposition of a penalty pursuant to OCGA § 15-21-73 can only attach to properly imposed fines. See OCGA § 15-21-73 (a) (1). And finally, imposition of a D.A.T.E. fee also requires a lawfully imposed fine. OCGA § 15-21-100 (a). Accordingly, those portions of Rawls' sentence imposing the $100,000 fine, the $50 penalty, and the $50,000 D.A.T.E. fee are vacated.
Judgment vacated in part. McMurray, P. J., and Johnson, J., concur.
DECIDED SEPTEMBER 27, 1993.