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Senase v. State

377 S.E.2d 921, 189 Ga. App. 665, 1988 Ga. App. LEXIS 1494
Court of Appeals of Georgia·Decided December 5, 1988·No. 76448·Published

Opinion

McMurray, Presiding Judge.

Defendant appeals from his conviction for trafficking in cocaine. Held:

Initially, defendant asserted four enumerations of error, challenging the constitutionality of OCGA § 16-13-31. He later included a fifth enumeration of error, arguing that “[t]he trial court erred in convicting and sentencing [him] under OCGA § 16-13-31, as the statute requires actual possession, as opposed to constructive possession, to support a conviction for the offense of trafficking in cocaine.” However, defendant did not raise these issues in the trial court. Consequently, he “has forfeited the right to raise them on appeal. Arp v. State, 249 Ga. 403 (1) (291 SE2d 495) (1982).” Senase v. State, 258 Ga. 592 (372 SE2d 809). See Tolbert v. State, 180 Ga. App. 703, 704 (2, 3) (350 SE2d 51).

Judgment affirmed.

Pope and Benham, JJ., concur.

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Senase v. State, 377 S.E.2d 921, 189 Ga. App. 665, 1988 Ga. App. LEXIS 1494 (Ga. Ct. App. 1988).

377 S.E.2d 921 (Senase v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Patterson v. State
372 S.E.2d 809 (Supreme Court of Georgia, 1988)
Senase v. State
372 S.E.2d 813 (Supreme Court of Georgia, 1988)
Arp v. State
291 S.E.2d 495 (Supreme Court of Georgia, 1982)
Tolbert v. State
350 S.E.2d 51 (Court of Appeals of Georgia, 1986)