lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
HARRIS v. THE STATE.
A97A2351.
RUFFIN, Judge.
Drug violation. Cobb Superior Court. Before Judge Ingram.
After a bench trial, the trial court found Roger Willie Harris guilty of possession of drugs by an inmate in a correctional institute (OCGA 42-5-18 (b)) and possession of marijuana (OCGA 16-13-30). Harris appeals. For the following reasons, we dismiss this appeal for lack of jurisdiction.
In two enumerations of error, Harris argues that OCGA 42-5-18 (b) and 16-13-21 (16) are unconstitutionally vague. Each of these enumerations raises the question of our jurisdiction to consider this appeal. Except in limited situations, not here pertinent, the Supreme Court has exclusive jurisdiction of constitutional construction. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. II (1). In this instance, the record does not show that the trial court ever ruled on Harris' challenge to the constitutionality of either statute. Nor does the record reveal that Harris elicited any ruling on this issue. Since there is no ruling on the constitutionality of either statute, "[t]he issue is not properly presented for appellate review in this case . . . as it was not explicitly argued and ruled on below." Brantley v. State, 226 Ga. App. 872, 873 (1) (487 SE2d 412) (1997); Dye v. State, 205 Ga. App. 781 (1) (423 SE2d 713) (1992); see generally Marr v. Dept. of Ed., 264 Ga. 841 (452 SE2d 112) (1995). Accordingly, this appeal is dismissed.
Thomas J. Charron, District Attorney, Michael S. Moody, Debra H. Bernes, Assistant District Attorneys, for appellee.
Nicholas Pagano, for appellant.
DECIDED FEBRUARY 27, 1998.
Thursday May 21 04:05 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com