Facion v. State
Decision Date | 28 May 1993 |
Parties | Alvin FACION v. STATE. CR 92-352. |
Court | Alabama Court of Criminal Appeals |
Thomas Brantley, Dothan, for appellant.
Alvin Facion, pro se.
James H. Evans, Atty. Gen., and Norbert Williams, Asst. Atty. Gen., for appellee.
Alvin Facion pleaded guilty to and was convicted of the unlawful distribution of cocaine. He was sentenced to ten years' imprisonment as a habitual felony offender. That sentence was enhanced by an additional five years' imprisonment because the sale occurred within three miles of a school, Ala.Code 1975, § 13A-12-250, and by another five years' imprisonment because the sale also occurred within three miles of a public housing project, § 13A-12-270.
On this appeal from that conviction, the appellant argues that he was denied his constitutional right of equal protection because his sentence was enhanced under both the schoolyard enhancement provision and the public housing project enhancement provision while the sentence of another defendant, Joe Nathan Duncan, who sold drugs in the same location, was enhanced only by the schoolyard enhancement provision.
The appellant's sentence was properly enhanced under both the schoolyard and the public housing project enhancement provisions. McGee v. State, 607 So.2d 344, 346 (Ala.Cr.App.1992).
The appellant has failed to demonstrate that he was subjected to unequal treatment in violation of the constitution. "[A] defendant who alleges an equal protection violation has the burden of proving 'the existence of purposeful discrimination.' " McCleskey v. Kemp, 481 U.S. 279, 292, 107 S.Ct. 1756, 1767, 95 L.Ed.2d 262 (1987).
DeShazo v. City of Huntsville, 416 So.2d 1100, 1103 (Ala.Cr.App.1982). See also Carroll v. State, 599 So.2d 1243, 1244-45 (Ala....
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