Worley v. State

Pope, Judge.

George Michael Worley brings this appeal from his conviction of violating the Georgia Controlled Substances Act. Held:

1. Defendant’s first enumeration of error has no merit. The sanction for an unconstitutional arrest is not suppression of the prosecution. Lackey v. State, 246 Ga. 331 (2) (271 SE2d 478) (1980). Thus, assuming arguendo that defendant was arrested under an invalid arrest warrant, this circumstance alone “ ‘has never been viewed as a bar to subsequent prosecution, nor as a defense to a valid conviction. . . .’ ” Id. at 333.

2. Defendant’s remaining enumeration asserts…