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CARR v. THE STATE.
A91A1004.
COOPER, Judge.
Drug violation. Evans Superior Court. Before Judge Findley.
Appellant was convicted by a jury of selling cocaine in violation of OCGA 16-13-30 (b), and because it was his second conviction under OCGA 16-13-30 (b), he was sentenced to life imprisonment pursuant to OCGA 16-13-30 (d). Appellant's sole enumeration of error is that the mandatory life sentencing provisions of OCGA 16-13-30 (d) are unconstitutional in that they violate the Eighth and Fourteenth amendments. Despite appellant's attempt to distinguish his case, we find that his case is controlled by Grant v. State, 258 Ga. 299 (2) (368 SE2d 737) (1988), in which the Supreme Court of Georgia held that OCGA 16-13-30 (d) did not constitute cruel and unusual punishment under the Eighth and Fourteenth amendments.
Dupont K. Cheney, District Attorney, Charles D. Howard, Assistant District Attorney, for appellee.
DECIDED SEPTEMBER 6, 1991 -- RECONSIDERATION DENIED OCTOBER 15, 1991.
Thursday May 21 09:32 EDT


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