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STEPHENS v. STATE

No. S94A1854.

456 S.E.2d 560 (1995)

265 Ga. 356

STEPHENS v. The STATE.

Supreme Court of Georgia.

Concurring Opinion of Justice Carley April 21, 1995.

Reconsideration Denied April 21, 1995.

Attorney(s) appearing for the Case

Daniel A. Summer, Summer & Summer, Gainesville, Thomas J. Killeen, University of Georgia School of Law, Prisoner Legal Counsel Project, Athens, for Stephens.

Lydia J. Sartain, Dist. Atty., Gainesville, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Sr. Asst. Atty. Gen., Dept. of Law, Atlanta, for State.

Paula K. Smith, Asst. Atty. Gen., Dept. of Law, Atlanta, Thomas A. Gump, Asst. Dist. Atty., Gainesville, for State.

Joseph L. Chambers, Sr., Pros. Attys. Council, Glen Hollingshed, Smyrna, for other interested parties.

John R. Martin, Martin Brothers, P.C., Atlanta, for amicus appellant.

Walt M. Britt, Chandler & Britt, Buford, Nicholas A. Lotito, Davis, Zipperman, Kirschenbaum & Lotito, Atlanta.

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 sentences...

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