Lee v. State

Pope, Chief Judge.

Defendant Gordon Clifford Lee was convicted of distributing obscene material in violation of OCGA § 16-12-80, and appeals.

1. Defendant originally filed his appeal in the Supreme Court, contending that court had jurisdiction of this appeal because he was challenging the constitutionality of OCGA § 16-12-80, “in that the statute has no provision for a pre- or post-seizure adversarial hearing following the seizure of allegedly obscene materials.” The Supreme Court transferred the appeal to this court, on the basis that the issue raised required the application of settled…