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Facion v. State
Citations: 627 So. 2d 1144; 1993 Ala. Crim. App. LEXIS 886; 1993 WL 179822Docket: CR 92-352
Court: Court of Criminal Appeals of Alabama; May 28, 1993; Alabama; State Appellate Court
Alvin Facion was convicted of unlawful distribution of cocaine and sentenced to ten years as a habitual felony offender, with enhancements totaling an additional ten years due to the offense occurring within three miles of a school and a public housing project. Facion appealed, claiming a violation of his equal protection rights, arguing that he was treated unfairly compared to another defendant, Joe Nathan Duncan, whose sentence was enhanced only under the schoolyard provision despite both offenses occurring in the same location. The Court of Criminal Appeals of Alabama upheld the enhancements to Facion's sentence, referencing McGee v. State, which supported the application of both enhancements. The court noted that Facion did not substantiate his claim of unequal treatment, emphasizing that a defendant asserting an equal protection violation must prove purposeful discrimination. The court outlined that to demonstrate such a violation, the following elements must be established: intentional selectivity in enforcement based on an unjustifiable standard, rather than mere selectivity or lax enforcement. Ultimately, the court affirmed the circuit court's judgment, stating that Facion failed to meet the burden of proof for his equal protection claim. All judges concurred in the decision.