Hutchins v. State

Court of Appeals of Georgia

Hutchins v. State

420 S.E.2d 374, 204 Ga. App. 690, 92 Fulton County D. Rep. 1201, 1992 Ga. App. LEXIS 965

CourtCourt of Appeals of Georgia

DecidedJune 26, 1992

DocketA92A0873

StatusPublished

This text of 420 S.E.2d 374 (Hutchins v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hutchins v. State, 420 S.E.2d 374, 204 Ga. App. 690, 92 Fulton County D. Rep. 1201, 1992 Ga. App. LEXIS 965 (Ga. Ct. App. 1992).

Pincite

Opinion

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of trafficking in heroin. This appeal followed. Held:

Defendant contends there is insufficient evidence linking him to heroin found in a room in which he was apprehended. This contention is without merit.

A confidential police informant purchased heroin at an apartment in which defendant rented a room. Armed with this information and a search warrant, law enforcement officers raided the apartment and found defendant and two other persons in a bedroom of the apartment. Defendant was standing next to a bed which supported a plate containing over four grams of a mixture containing heroin. Five loaded handguns, drug paraphernalia, items used in the business of trafficking heroin and over $1,000 in United States currency were also found on the bed. This evidence and evidence that the heroin, money, drug paraphernalia, items used in the business of selling heroin and weapons were within arm’s reach of defendant, authorizes the jury’s finding that defendant is guilty, beyond a reasonable doubt, of trafficking in heroin. OCGA § 16-13-31 (b); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Nelson v. State, 197 Ga. App. 898 (1) (399 SE2d 748).

Judgment affirmed.

Sognier, C. J., and Cooper, J., concur.

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McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of trafficking in heroin. This appeal followed. Held:

Defendant contends there is insufficient evidence linking him to heroin found in a room in which he was apprehended. This contention is without merit.

A confidential police informant purchased heroin at an apartment in which defendant rented a room. Armed with this information and a search warrant, law enforcement officers raided the apartment and found defendant and two other persons in a bedroom of the apartment. Defendant was standing next to a bed which supported a plate containing over four grams of a mixture containing heroin. Five loaded handguns, drug paraphernalia, items used in the business of trafficking heroin and over $1,000 in United States currency were also found on the bed. This evidence and evidence that the heroin, money, drug paraphernalia, items used in the business of selling heroin and weapons were within arm’s reach of defendant, authorizes the jury’s finding that defendant is guilty, beyond a reasonable doubt, of trafficking in heroin. OCGA § 16-13-31 (b); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560); Nelson v. State, 197 Ga. App. 898 (1) (399 SE2d 748).

Judgment affirmed.

Sognier, C. J., and Cooper, J., concur.

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Bluebook (online)

420 S.E.2d 374, 204 Ga. App. 690, 92 Fulton County D. Rep. 1201, 1992 Ga. App. LEXIS 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchins-v-state-gactapp-1992.

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