Legal Opinion · Concurrence

Beasley v. State

Court of Appeals of Georgia

Decided November 27, 1991No. A91A1446Published

1ConcurrenceBeasley, Judge

With respect to Division 2 of the Court’s opinion, I concur because the issue which appears to me to be crucial and which appellant attempts to present as part of his argument is not properly before us. He frames his enumeration of error by contending that the statute’s mandatory life sentence for second offenses violates the Eighth and Fourteenth Amendments to the United States Constitution. That is the same contention that he made in the trial court, which the majority quotes.

*351But there he did not state any grounds or explain why or how the statute’s mandate was constitutionally infirm. Nor…

2Cases cited6 opinions

  1. Hollowell v. JoveSupreme Court of Georgia · 1981
  2. State v. WileySupreme Court of Georgia · 1974
  3. Grant v. StateSupreme Court of Georgia · 1988
  4. Mitchell v. StateCourt of Appeals of Georgia · 1991
  5. Tillman v. StateSupreme Court of Georgia · 1991

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