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May 6, 2004 12A Court: Sentence violated law’s intent Continued from page 1A and unusual. The court only said Dixon shouldn have been tried for aggra vated child molestation because the statutory rape Can you feel the 10ve.... !fig{ /_—-——\ ‘oS @__/ %3;“«% 3 = . : )%:* ; o o ' 3 R el WEEKNIGHTS S . N Gt 10:00 P.M. LR ON A WEEKNIGHTS AT11:00 P.M. i ; ’.‘« §¥ ot ’gl “ § ‘:;;,, W : EL IHEEEETIME '/ Wi - o ) (S NEToY o\~ gN:Pe P e s . wo=o e R % N I s s IR sDR P A 5P S e _— s > P o B set : 5 b v'?,,/)f‘lfi - T » ,/",‘ f“’"* i f’/ 2 o~ ‘(//M; :_j;; S i A g ;@2 { Fal ;‘»“ Al 4 P P e | SR B P s A /f o~ - P . G i Pl B 57 il "l S -~ / e ' /fi‘p& 1:,2 s . | Ty a 1 A;’:‘ ]w ‘?}}' iN/ P ’:r,, :’% > '”fl? Vs ~ PRI L o SR P o o ' ’ Y B : ! é?" 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P P! law would be more rele vant. “It would be entirely incongruous with the intent of the Legislature ... if the State retained the discretion to prosecute the exact same conduct as either misdemeanor statu tory rape or felony child molestation,” wrote Chief Justice Norman Fletcher. AUGUSTA FOCUS The dissenting justices said there is no conflict between the two laws. “Clearly, when, as here, the sexual act involves injury to the victim, the General Assembly intend ed that the aggravated child molestation statute apply,” wrote Justice Harris Hines. If Dixon had been con victed solely of statutory '-- N A T S R e e e --‘ v “Gall ' I a me I l NEGESANER TSR ' 1| ] 1 | llllh! | ! i 1 ? i 1 i 1 i I i i 1P 5 i 1 poi 1 i ’i y a 1 ‘ ? I i 1 B Lnm i | ‘™ i Yy . B -1 '] N 5»95?”' ' e & : ' i TR I i ; i ' Vanessa Jones " ! i 1 3 : F ¢ : or a free : 1 no-obligation 1 i . | 1 car imsurance ¢ i S I ' rate qunte. ' i i i CaLL Or VisiTt Topay | I i ' 706.793.7290 . I i 1 3316 Deans Bridge Rd. | : Augusta, GA 30906 : ! | i | I | v GEI | i | I | 2 3 rape, he would have faced no more than one year in jail and a SI,OOO fine. Dixon said he had expected community service or pro bation. Last year, Dixon was a star football player at Pep perell High School in Rome with a 3.96-grade point average and a schol arship to attend Vanderbilt University in Nashville. His scholarship was revoked after his arrest in February 2003. Dixon was enrolled in a home-economics class with the girl. He said he arranged to visit her in a trailer containing class rooms, where she was working as a student custo- Law: making felons Continued from page 1A (reversal) really suggests that we need to re-look at the entire juvenile justice sys tem in the state. We need to start debating other issues dealing with juve nile justice.” Dixon, 18, was freed on Monday, May 3 following 15 months in prison. He was convicted on not only aggravated child molestation, a felony, but also statutory rape which is a misdemeanor. Dixon never appealed the statu tory rape charge. It car ries a one year sentence while aggravated child molestation carried a mandatory 10 years. In stating the majority opinion pertaining to the two charges, Chief Justice Fletcher wrote, “Due to the conflicting nature of the two statutes with respect to their prescribed punishments, the rule of Medical Villa Pharmacy 1520 LANEY-WALKER BLVD. AUGUSTA, GA 30901 Bl e T, We Take Georgia Medicaid 5 TR y We Take Inswance Plans ik PR | £| CreditCardsWeicome | S N : The only Black Pharmacist/Owner 722-7355 & X U 6 Who you gonna call? SysTEeS : . Barry's Affordable Pest Control Free Inspections Start attacking those bugs before they attack you!!! Ants - Roaches - Rodents Call Barry Townsend at (706) 823-0048 or (706)231-2340 (cell) 10% Off Initial Service dian. She told school coun selors about the incident, and they contacted police. “Very few people in Floyd County who are minorities believe the pros ecutors would have charged Marcus Dixon if he were white or if the young girl had been black,” said state Rep. Tyrone Brooks, D-Atlanta, who has said the Legislature cre ated the aggravated child molestation law in 1996 to protect young children from predators, not police sex between teens. Telephone calls to the Floyd County district attorney and Dixon’s attor neys were not immediately returned. lenity requires that Dixon only be sentenced for the misdemeanor, ... The rule derives from the ‘instinc tive distaste against men languishing in prison unless the lawmaker has clearly said that they should.”” The opinion does not come as a surprise to Allen. “We were making a lot of people criminals. Things have changed. Teens do get inVolved in sexual relationships,” said Allen. . Meanwhile, in a dis senting opinion Justice Harris Hines stated that the majority opinion ignored the alleged vic tim’s injuries which he said met the legal require ment of aggravated assault. The girl report edly suffered from bruis ing around the wrist and vaginal tears.