Bailey v. State
316 Ga. App. 78
Ga. Ct. App.2012Background
- Bailey appeals his convictions for cocaine possession with intent to distribute and misdemeanor marijuana possession.
- The issue is whether the evidence was legally sufficient to convict Bailey beyond a reasonable doubt.
- Evidence shows cocaine residue on scales, a plastic bag corner, a cocaine piece on the stove and in a heating element, and drug packaging paraphernalia in a small apartment.
- Bailey had $423 in cash, largely in denominations common in crack houses.
- There were three prior similar transactions involving Bailey, including crack cocaine possession and selling cocaine to an undercover officer.
- The trial court affirmed the convictions, relying on Jackson v. Virginia and related Georgia authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to distribute | Bailey contends evidence fails to prove intent to distribute | State contends evidence supports intent to distribute | Sufficient evidence to convict |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence)
- Johnson v. State, 230 Ga. App. 535 (Ga. App. 1998) (gives framework for intent to distribute in drug cases)
- Harper v. State, 285 Ga. App. 261 (Ga. App. 2007) (discusses non-bright-line indicators of intent to distribute)