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WOODS v. STATE

No. S05A0448.

608 S.E.2d 631 (2005)

279 Ga. 28

WOODS v. The STATE.

Supreme Court of Georgia.

February 7, 2005.

Attorney(s) appearing for the Case

Darel C. Mitchell, Lawrenceville, for Appellant.

Daniel J. Porter, Dist. Atty., Rodney Keith Miles, Asst. Dist. Atty., for Appellee.

THOMPSON, Justice.

Winnie Taru Woods was convicted by a jury of criminal attempt to possess marijuana with intent to distribute under OCGA § 16-13-33. After verdict, but before sentencing, Woods filed a motion to declare OCGA § 16-13-33 unconstitutional and to impose sentence pursuant to OCGA § 16-4-6. The former Code section is a sentencing provision of the Georgia Controlled Substances Act, OCGA § 16-13-20 et seq., which prescribes that one convicted...

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