Carr v. State

Court of Appeals of Georgia

Carr v. State

411 S.E.2d 913, 201 Ga. App. 479, 1991 Ga. App. LEXIS 1426

CourtCourt of Appeals of Georgia

DecidedSeptember 6, 1991

DocketA91A1004

StatusPublished

Cited by1 cases

This text of 411 S.E.2d 913 (Carr v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carr v. State, 411 S.E.2d 913, 201 Ga. App. 479, 1991 Ga. App. LEXIS 1426 (Ga. Ct. App. 1991).

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Opinion

Cooper, Judge.

Appellant was convicted by a jury of selling cocaine in violation of OCGA § 16-13-30 (b), and because it was his second conviction under OCGA § 16-13-30 (b), he was sentenced to life imprisonment pursuant to OCGA § 16-13-30 (d). Appellant’s sole enumeration of error is that the mandatory life sentencing provisions of OCGA § 16-13-30 (d) are unconstitutional in that they violate the Eighth and Fourteenth amendments. Despite appellant’s attempt to distinguish his case, we find that his case is controlled by Grant v. State, 258 Ga. 299 (2) (368 SE2d 737) (1988), in which the Supreme Court of Georgia held that OCGA § 16-13-30 (d) did not constitute cruel and unusual punishment under the Eighth and Fourteenth amendments.

Judgment affirmed.

Birdsong, P. J., and Pope, J., concur. Dupont K. Cheney, District Attorney, Charles D. Howard, Assistant District Attorney, for appellee.

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Cooper, Judge.

Appellant was convicted by a jury of selling cocaine in violation of OCGA § 16-13-30 (b), and because it was his second conviction under OCGA § 16-13-30 (b), he was sentenced to life imprisonment pursuant to OCGA § 16-13-30 (d). Appellant’s sole enumeration of error is that the mandatory life sentencing provisions of OCGA § 16-13-30 (d) are unconstitutional in that they violate the Eighth and Fourteenth amendments. Despite appellant’s attempt to distinguish his case, we find that his case is controlled by Grant v. State, 258 Ga. 299 (2) (368 SE2d 737) (1988), in which the Supreme Court of Georgia held that OCGA § 16-13-30 (d) did not constitute cruel and unusual punishment under the Eighth and Fourteenth amendments.

Judgment affirmed.

Birdsong, P. J., and Pope, J., concur. Dupont K. Cheney, District Attorney, Charles D. Howard, Assistant District Attorney, for appellee.

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411 S.E.2d 913, 201 Ga. App. 479, 1991 Ga. App. LEXIS 1426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-state-gactapp-1991.

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