Stephens v. State

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 based on his conviction on two counts of violating the Georgia Controlled Substances Act by selling cocaine. We hold that OCGA…