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BOTTS v. STATE

Nos. S04A0798, S04A0799.

604 S.E.2d 512 (2004)

278 Ga. 538

BOTTS v. The STATE. Pisciotta v. The State.

Supreme Court of Georgia.

October 25, 2004.

Attorney(s) appearing for the Case

Larry David Wolfe, Mark A. Yurachek, for appellant (Case no. S04A0798).

Paul L. Howard, Jr., District Attorney, Bettieanne C. Hart, Holly B. Hughes, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assisant Attorney General, for appellee.

HUNSTEIN, Justice.

These appeals involve challenges to the constitutionality of OCGA § 17-10-17, Georgia's hate crime penalty statute, which requires the enhancement of criminal sentences whenever the fact finder determines beyond a reasonable doubt "that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of bias or prejudice." Id. at (a). Christopher Botts and Angela Pisciotta, along with a third...

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