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Law

Court weighs teenager's sentence

Georgia case raises questions about mandatory minimum sentences

Dixon is seen in court last year.
Dixon is seen in court last year.

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Marcus Dixon was convicted of child molestation and statutory rape, ending a promising future. CNN's Brian Cabell reports (January 21)
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Georgia

ATLANTA, Georgia (AP) -- Attorneys for a high school football player convicted of having consensual sex with a fellow student told the Georgia Supreme Court on Wednesday that the teen's automatic 10-year sentence amounted to cruel and unusual punishment.

Prosecutors insisted the mandatory prison term was exactly what state law intended for Marcus Dixon, who was convicted of aggravated child molestation and statutory rape. Dixon was 18 at the time; the girl was 15.

Defense attorney David Balser said Dixon's sentence "so deviates from society's view of sexual conduct that it shocks the conscience." Unless the court overturns the case, any teenager who has sex could potentially face prison time, he said.

Prosecutor John McClellan defended Georgia law, which classifies Dixon's crime as one of the state's "seven deadly sins" that come with a minimum decade-long sentence.

"It is the job of the Legislature and not the courts to define crimes and their penalties," McClellan said.

The high court issued no immediate decision but was expected to rule in the next few months.

At the time of his arrest, Dixon was a senior football player with a 3.96 grade-point average and a scholarship to attend Vanderbilt University. Dixon's scholarship was later rescinded.

Dixon was enrolled in a home-economics class with the 15-year-old girl. He said he arranged to visit her in a trailer containing classrooms, where she was working as a student custodian. She told school counselors about the incident, and they contacted police.

Dozens of people packed the courtroom to hear Dixon's case, which has become controversial because he is black and the girl is white. Protesters have said Dixon would not have received such a long sentence if not for his race.



Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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