Scott v. State

756 S.E.2d 220, 326 Ga. App. 115, 2014 Fulton County D. Rep. 647, 2014 WL 943219, 2014 Ga. App. LEXIS 133
CourtCourt of Appeals of Georgia
DecidedMarch 12, 2014
DocketA13A1658
StatusPublished
Cited by10 cases

This text of 756 S.E.2d 220 (Scott 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
Scott v. State, 756 S.E.2d 220, 326 Ga. App. 115, 2014 Fulton County D. Rep. 647, 2014 WL 943219, 2014 Ga. App. LEXIS 133 (Ga. Ct. App. 2014).

Opinion

Miller, Judge.

Following a jury trial, Michael Scott was convicted of trafficking cocaine (OCGA § 16-13-31 (a) (1)) (Count 1); possession of cocaine with intent to distribute (OCGA § 16-13-30 (b)) (Count 2); possession of marijuana with intent to distribute (OCGA § 16-13-30 (j)) (Count 3); maintaining a dwelling or structure for the distribution of controlled substances (OCGA § 16-13-42 (a) (5)) (Count 4); and three counts of possession of a firearm during the commission of a crime (OCGA § 16-11-106 (b) (4)) (Counts 5, 6, and 7).1 Scott appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his convictions on any of the charges, the trial court erred by not granting a directed verdict, the trial court erred in allowing a witness to testify as an expert, and he received ineffective assistance of counsel. For the reasons that follow, we reverse.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence. We determine only whether the evidence authorized the jury to find the defendant guilty beyond a reasonable doubt, and in doing so we neither weigh that evidence nor judge the credibility of the witnesses.

(Citations and punctuation omitted.) Castillo v. State, 288 Ga. App. 828 (655 SE2d 695) (2007).

So viewed, the trial evidence shows that Anthony Holloway had known Michael Scott and his brother, Kenneth Scott, for at least 16 years through the neighborhood surrounding 307 East Jenkins Street in Vi dalia, Georgia. Michael Scott lived at 307 Martin Luther King Jr. Boulevard, in a house behind his brother. Kenneth Scott also rented the property at 307 East Jenkins from an individual who testified that he was unaware of the drug activity at the house. Co-defendant Lane lived next door, and an electrical cord was run from Lane’s residence to 307 East Jenkins to provide power.

Holloway had been going to 307 East Jenkins for a couple of years and had been inside the house. While there, Holloway observed the [116]*116sale of drugs. When people would drive up to the house to buy drugs, they would blow the horn, and Kenneth Scott would tell someone to “hit a block.” On some occasions, Holloway heard Kenneth Scott tell people that he did not have any drugs. Acouple of days later, Kenneth Scott would have more drugs, and he would tell people that he had “re’d up.” According to Holloway, co-defendant Anderson would be at the house for a couple of weeks, and, when he would leave, Kenneth Scott would run out of drugs. When Anderson returned, people would return to the house to buy drugs. Holloway witnessed over 100 drug transactions take place at 307 East Jenkins Street.

In 2009, the Vidalia Police Department began receiving tips about suspected drug activity around 307 East Jenkins Street. Upon investigating those tips, an undercover police officer made a hand-to-hand purchase of drugs at 307 East Jenkins Street in June or July. Thereafter, police officers used a confidential informant to make a controlled drug buy of three packages of crack cocaine. Police officers then obtained a search warrant for 307 East Jenkins Street.

On September 25, 2009, several police officers executed the search warrant. About ten minutes prior to the execution of the warrant, one officer, who was on patrol in the area, drove by 307 East Jenkins and observed Michael Scott and the three other co-defendants standing outside in the front yard. The officer later returned to 307 East Jenkins with the search team, and Michael Scott was walking along the side of the house at that time. Officers detained Michael Scott during a search of the house. Officers also detained Anderson, who had been sitting on the front porch, and Holloway, who had been standing near Michael Scott. An officer subsequently searched Michael Scott prior to placing him in a patrol car, and the officer found approximately $254 in cash on Scott’s person. The cash was in small denominations, with no bill larger than $20.

Upon entering 307 East Jenkins, officers saw several packages of crack cocaine, packaged as if for resale, and slung in a straight line from the front door, where Anderson had been seated, to a small table in the middle of the room. During a search of the residence, officers found: 37 individually wrapped packages of powder cocaine; another large chunk of cocaine of powdery substance in a Ziploc bag inside a box in the corner of the front room; three cigar boxes containing individual packages of marijuana and another individual package of cocaine; money scattered on the floor; digital scales; and cutting tools. Officers also found a large slab of crack cocaine weighing approximately 72 grams. Officers also found three loaded guns in the front room of the house that were strategically placed such that if a person was standing in the middle of the room, he could easily access any one [117]*117of the three guns. Officers also recovered personal items belonging to Kenneth Scott and Anderson from inside the residence.

A detective testified that the slab of cocaine weighing 72 grams would be cut down and packed for individual sale, and that it had an estimated value of $7,200. The detective testified that the seized evidence was consistent with drug distribution, and that 307 East Jenkins was a “trap house,” or a building used mainly for distributing drugs.

1. On appeal, Scott contends the evidence was insufficient to support any of the drug charges, because he was merely present at 307 East Jenkins when the search warrant was executed, there was no evidence that he had actual or constructive possession of the drugs, and there was no evidence that he was a party to these crimes. We agree.

In order to prove the three drug charges, the State was required to prove that Scott possessed the requisite drugs. For cocaine trafficking, the State was required to prove that Scott knowingly possessed 28 grams or more of cocaine. OCGA § 16-13-31 (a) (1); McGee v. State, 316 Ga. App. 661, 664 (1) (730 SE2d 131) (2012) (“[T]he State must prove that the defendant knew that he possessed a substance and knew that the substance contained some amount of cocaine.”) (citation and punctuation omitted). Similarly, the State was required to prove that Scott possessed cocaine and marijuana with the intent to distribute. OCGA § 16-13-30 (b) (possession with intent to distribute cocaine); OCGA § 16-13-30 (j) (1) (possession with intent to distribute marijuana).

In this case, it is undisputed that Scott did not actually possess the drugs.

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Cite This Page — Counsel Stack

Bluebook (online)
756 S.E.2d 220, 326 Ga. App. 115, 2014 Fulton County D. Rep. 647, 2014 WL 943219, 2014 Ga. App. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-gactapp-2014.