MELTON, Justice.
On March 28, 2013, Bernadette Bowie Whatley was indicted for withholding information from a practitioner pursuant to OCGA § 16-13-43(a)(6). That statute deals with the distribution of controlled substances by prescription and provides that it is unlawful
It is well-settled that the
(Emphasis supplied.) Parker v. City of Glennville, 288 Ga. 34, 35(1), 701 S.E.2d 182 (2010). "[A] person `who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others.' [Cits.]" Izzo v. State, 257 Ga. 109, 110(1), 356 S.E.2d 204 (1987). "`A court should therefore examine the complainant's conduct before analyzing other hypothetical applications of the law.' [Cits.]" Catoosa County v. R.N. Talley Properties, 282 Ga. 373, 375, 651 S.E.2d 7 (2007). "[W]hen a statute or ordinance does not implicate a substantial amount of constitutionally protected conduct, a facial vagueness challenge will be upheld only if the enactment is impermissibly vague in all of its applications." (Citations and punctuation omitted.) Id. at 374, 651 S.E.2d 7.
Whatley does not argue that OCGA § 16-13-43(a)(6) violates her First Amendment freedoms, so Whatley would necessarily have to challenge the constitutionality of the statute as applied to the specific facts of her case. A review of the record, however, indicates that Whatley challenged OCGA § 16-13-43(a)(6) on its face, not as applied. The trial court noted in its order that "[n]either party has presented any facts ... beyond the indictment." The indictment, in turn, merely tracks the language of the statute, supplying the names of the doctors involved, the drugs prescribed, and a general period of time during which the statute was allegedly violated. There is no indication anywhere in the record that Whatley raised an argument with regard to the facts of her specific case, much less the application of OCGA § 16-13-43(a)(6) to her specific facts. Only a facial challenge to the statute was raised, and, as a facial challenge was not warranted, the trial court should have denied Whatley's general demurrer for this reason rather than considering the merits of Whatley's constitutional claim. See State v. Hudson, 247 Ga. 36, 273 S.E.2d 616 (1981). Nonetheless, since Whatley's general demurrer was properly denied, we affirm the judgment of the trial court under the right-for-any-reason rule.
Judgment affirmed.
All the Justices concur.