Hall was convicted of possession with intent to distribute 2.2 grams of cocaine and sentenced to life imprisonment under the mandatory sentencing provision of OCGA 16-13-30
(d), as this was a second conviction. 1
On appeal, Hall challenges the constitutionality of OCGA 16-13-30
(b) and (d).
1. Hall challenges the constitutionality of provisions (b) and (d) of OCGA 16-13-30
, on their face, and as applied.
(b) The evidence of selective enforcement against young and impoverished blacks fails to meet the standard of intentional discrimination announced in State v. Causey, 246 Ga. 735 (2) (273 SE2d 6) (1980)
; State v. Agan, 259 Ga. 541
, 546-549 (6) (384 SE2d 863
) (1989); and State v. Russell, ---- Minn. ---- (477 NW2d 886) (1991). In State v. Agan we said "proof of selective prosecution . . . requires evidence that his prosecution represents an 'intentional or purposeful discrimination which is deliberately based upon an unjustifiable standard . . . or arbitrary classification.' "
2. The trial court's determination that Hall did not demonstrate ineffective assistance of trial counsel was not error under the standard of Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).
3. We have reviewed Hall's remaining claims of error. We hold that the evidence is sufficient under Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); and there was no error in the trial of the case that warrants a new trial, or other substantial relief.
BENHAM, Justice, concurring.
I concur separately to point out that while there is some evidence to support appellant's allegation of selective prosecution, that evidence is insufficient under both the intentional discrimination standard adopted by this court in State v. Causey, 246 Ga. 735 (2) (273 SE2d 6) (1980)
, and the disparate treatment standard utilized in State v. Russell, ---- Minn. ---- (477 NW2d 886) (1991). Accordingly, I join the majority in affirming the trial court's judgment.
Lewis R. Slaton, District Attorney, Carl P. Greenberg, Charles W. Smegal, Joseph F. Burford, Assistant District Attorneys, for appellee.