Rucks v. State

Cooper, Judge.

Appellant, pro se, appeals his conviction of the sale of cocaine under OCGA § 16-13-30 and sentence of life imprisonment.

1. In enumerations of error one, two, three, six and seven, appellant attacks the recidivist portion of OCGA § 16-13-30 (d) on constitutional grounds of denial of due process and equal protection. However, the basis for his challenge, that the statute unlawfully gives the prosecutor unbridled discretion to determine whether to invoke its provisions, has previously been considered and determined adversely to his position. “Prosecutorial discretion in this…