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STEPHENS v. STATE

S94A1854.

265 Ga. 356 (1995)

STEPHENS v. THE STATE.

Supreme Court of Georgia.

Reconsideration Denied April 21, 1995.

Attorney(s) appearing for the Case

Summer & Summer, Daniel A. Summer, Thomas J. Killeen, for appellant.

Lydia J. Sartain, District Attorney, Thomas A. Gump, Assistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Paula K. Smith, Assistant Attorney General, for appellee.

John R. Martin, amicus curiae.

FLETCHER, Justice.

Freddie Stephens challenges the constitutionality of OCGA § 16-13-30 (d), which provides for life imprisonment on the second conviction of the sale or possession with intent to distribute a controlled substance. He contends that the provision as applied is irrational and racially discriminatory in violation of the United States and Georgia Constitutions. The trial court denied his constitutional challenge and sentenced Stephens to two life...

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