574 So. 2d 1043 | Ala. Crim. App. | 1990
Prince Ella Braxton was indicted for unlawful distribution of a controlled substance in violation of §
The appellant contends that §
"In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state."
Specifically, the appellant "maintains that Section
Agilar,"Agilar also challenges section 845a on equal protection grounds on the strained theory that the statute has a disproportionate impact on members of racial minorities, more of whom live, it is asserted, within 1,000 feet of schools than do non-minority residents, a smaller proportion of whom live in densely populated urban areas. The argument fails, among other reasons, for lack of any claim, much less showing, of a discriminatory purpose. See Washington v. Davis,
426 U.S. 229 ,96 S.Ct. 2040 ,48 L.Ed.2d 597 (1976)."
The appellant also argues that §
The judgment of the trial court is affirmed.
AFFIRMED.
All the Judges concur.