Marks v. State

I concur in affirmance of the judgment, but write separately to address the issue of Marks’ constitutional challenge to OCGA § 30-5-8 (a) (1) on vagueness grounds. In Division 4, the majority states that the trial court “expressly declined to address the merits” of the attack on the constitutionality of the statute because Marks lacked standing, and it then holds that Marks has waived his right to make the vagueness argument by failing to “complain about the standing ruling on appeal; he addresses only the merits of the vagueness challenge.” Majority opinion, p. 74.1 do not agree that waiver…