Childs v. the State
330 Ga. App. 727
Ga. Ct. App.2015Background
- On Jan. 5, 2012, Cpl. Duncan stopped Herbert Lee Childs’ vehicle on I-75 and smelled raw marijuana; driver’s license was suspended and Childs was arrested.
- A brown paper bag in the center console contained two clear plastic bags: one powdered cocaine (tested) and one suspected crack cocaine (not tested).
- Forensic testing showed the powdered cocaine weighed 35.13 grams and was 45.2% pure; the other bag’s contents and purity were never tested.
- Freeman (passenger) testified she did not know about the cocaine; she said one bag was found inside Childs’ hat.
- Childs was convicted by a jury of trafficking in cocaine (OCGA § 16-13-31(a)(1)) and motor-vehicle offenses; he appealed the trafficking conviction arguing the State failed to prove he knew the weight of the cocaine.
- The Court of Appeals reviewed sufficiency of the evidence under Jackson v. Virginia and reversed the trafficking conviction for lack of proof that Childs knowingly possessed 28 grams or more of cocaine with ≥10% purity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved knowledge of drug weight element for trafficking under former OCGA §16-13-31(a)(1) | State: facts and circumstances (packaging, amount, types, travel pattern, unexplained money) permit inference Childs knew weight ≥28g and purity ≥10% | Childs: State failed to show he knew the quantity/purity—one bag untested, no scale, only powdered cocaine tested barely above 28g threshold | Reversed: State did not prove as an element that Childs knowingly possessed ≥28g of ≥10% cocaine; evidence insufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Scott v. State, 295 Ga. 39 (knowledge of drug quantity is an element of former OCGA §16-13-31(a)(1))
- Freeman v. State, 329 Ga. App. 429 (evidence supported inference of knowledge where drug weight and purity were substantially above trafficking threshold and similar transactions existed)
- Hernandez-Garcia v. State, 322 Ga. App. 455 (knowledge may be inferred from facts and circumstances)
- Harrison v. State, 309 Ga. App. 454 (knowledge of trafficking amount shown where quantity/purity far exceeded statutory threshold and defendant had trafficking history)