Cain v. State, S92A0897
| Citation | 262 Ga. 598,422 S.E.2d 535 |
| Decision Date | 19 November 1992 |
| Docket Number | No. S92A0897,S92A0897 |
| Parties | CAIN v. STATE. |
| Court | Supreme Court of Georgia |
Larry L. Duttweiler, Lawrenceville, for Cain.
Thomas C. Lawler, III., Dist. Atty., Pamela D. South and Debra K. Turner, Asst. Dist. Attys., Lawrenceville, for State.
On January 23, 1992, the Gwinnett County Superior Court convicted Jonathan Douglas Cain of ten counts of selling cocaine in violation of the Georgia Controlled Substances Act. This was Cain's second drug sale conviction; in May, 1990, the same court had sentenced Cain to fifteen years in prison for selling cocaine. Appellant challenges the constitutionality of O.C.G.A. § 16-13-30(d) which requires a mandatory life sentence for a second conviction. We find no error and affirm. 1
On September 24, 1991, a Gwinnett County Grand Jury indicted Cain on fourteen counts of selling cocaine to undercover police officers in violation of the Georgia Controlled Substances Act. The trial court found Cain guilty of ten counts of selling cocaine and sentenced Cain to life imprisonment on each count as required by O.C.G.A. § 16-13-30(d).
1. Appellant contends that O.C.G.A. § 16-13-30(d) is unconstitutional under the federal and state constitutions because a mandatory life sentence is grossly disproportionate to the severity of his crime. This case is controlled by our decision in Hall v. State, 262 Ga. 596, 422 S.E.2d 533 (1992), upholding the constitutionality of O.C.G.A. § 16-13-30.
2. Appellant also argues that O.C.G.A. § 16-13-30 is unconstitutional because it is applied in a racially discriminatory manner. He contends that the State uses this code section to prosecute blacks more often than whites and that the State's selective prosecution is unconstitutional. Appellant has not shown that his conviction was the result of invidious discrimination.
To prove unlawful discrimination in the prosecutorial charging decision, the Appellant has the burden of proving "the existence of purposeful discrimination." Whitus v. Georgia, 385 U.S. 545, 550, 87 S.Ct. 643, 646, 17 L.Ed.2d 599 (1967). Thus, he must prove that the decisionmaker in his case acted with discriminatory purpose. McCleskey v. Kemp, 481 U.S. 279, 292, 107 S.Ct. 1756, 1766-67, 95 L.Ed.2d 262 (1987).
Appellant has produced, from several sources, various statistics, articles, and charts showing that blacks are more likely to be imprisoned for drug offenses than are whites. Appellant attached these statistics to his Motion to Dismiss, but they have not been analyzed by any expert. We do not find Appellant's statistics to be conclusive. Appellant has not offered any evidence specific to his own case that would support an inference that racial considerations played a part in the prosecution's decision to charge Appellant.
Appellant's statistics fail to prove an essential element necessary in a selective prosecution case, i.e., that the prosecution engaged in a deliberate selective process of enforcement based on race....
To continue reading
Request your trial
-
Stephens v. State
...McCleskey, this court has held that the mandatory life sentence of OCGA § 16-13-30(d) is constitutional as applied. See Cain v. State, 262 Ga. 598, 422 S.E.2d 535 (1992). In Cain, we rejected statistics, articles, and charts showing blacks are more likely to be imprisoned for drug offenses ......
-
Coe v. State
...Ga. 541, 547-548, 384 S.E.2d 863 (1989) (quoting State v. Causey, 246 Ga. 735, 737, 273 S.E.2d 6 (1980)); see also Cain v. State, 262 Ga. 598, 598-599, 422 S.E.2d 535 (1992). 9. The transcript of the charge conference reveals that defense counsel believed that O.C.G.A. § 24-9-85(b) was cove......
-
Cody v. State, s. A96A1120
...or selective enforcement against the defendant in his case. Stephens v. State, 265 Ga. 356, 456 S.E.2d 560 (1995); Cain v. State, 262 Ga. 598, 422 S.E.2d 535 (1992). In the absence of any evidence to support the claim, the trial court correctly denied the 5. Since Cody provided no argument ......
-
Anderson v. State, A95A2233
...be insufficient to prove intentional discrimination. Stephens v. State, 265 Ga. 356, 456 S.E.2d 560 (1995); see also Cain v. State, 262 Ga. 598, 422 S.E.2d 535 (1992). As no evidence has been offered that (1) blacks in general or (2) appellant in particular has been selectively prosecuted u......
-
Criminal Law and Procedure: a Two-year Survey - James P. Fleissner
...at 569-70. 57. Id. at 357, 456 S.E.2d at 561. 58. 481 U.S. 279 (1987). 59. Stephens, 265 Ga. at 357, 456 S.E.2d at 561. See Cain v. State, 262 Ga. 598, 422 S.E.2d 535 (1992); Hall v. State, 262 Ga. 596, 422 S.E.2d 533 (1992), cert. denied, 507 U.S. 1055 (1993); Hailey v. State, 263 Ga. 210,......