Franks v. State
325 Ga. App. 488
Ga. Ct. App.2013Background
- On June 4, 2010, police investigating a shoplifting led to a search of a dilapidated residence where Franks and Long lived; officers found numerous items consistent with a red‑phosphorous methamphetamine lab and drug residue.
- Items seized included blister packs of pseudoephedrine, red liquids and paste (red phosphorous), converted bug sprayer (gas generator), Coleman fuel, Mason jars with bi‑/tri‑level liquids, a potato masher in a bowl with reddish paste, spoons with residue, and a hollowed light bulb with residue testing positive for methamphetamine.
- Expert testimony (law enforcement with meth lab experience) identified the components as consistent with a meth lab, explained their use in the red‑phosphorous method, and characterized the scene as an inactive/dispersion remnant of manufacturing.
- Franks had a recent severe burn he attributed to a lantern explosion; police found Coleman fuel at the residence and testimony linked flash fires to meth production. Franks also appeared nervous and alerted Long to the officer’s presence.
- Franks and Long were arrested and tried for trafficking by manufacturing methamphetamine (but convicted of the lesser included offense). Franks appealed sufficiency of the evidence; Long appealed sufficiency and the trial court’s refusal to charge two requested lesser offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict Franks of attempted trafficking by manufacturing methamphetamine | State: circumstantial and direct evidence (items, residue, expert ID, burn, conduct) supports constructive possession and a substantial step toward manufacture | Franks: mere presence at the house and lack of direct proof he participated or took a substantial step is insufficient | Evidence viewed in the light most favorable to the verdict was sufficient to support Franks’ conviction for attempted trafficking by manufacturing methamphetamine |
| Sufficiency of evidence to convict Long of same charge | State: same physical and expert evidence links Long to residence and lab components showing steps of manufacture | Long: challenges sufficiency (similar to Franks) | Court rejected Long’s sufficiency challenge for same reasons as to Franks |
| Trial court’s refusal to charge on lesser included offenses (possession of pseudoephedrine; possession of drug‑related object) | Long: requested charges on lesser offenses; court erred by not giving them | State: argued not required because those offenses are not lesser included offenses of the indicted trafficking charge as charged | Court held the trial court did not err: those statutes require elements (possession of pseudoephedrine; intent to possess drug‑related objects) that the trafficking indictment did not, so they are not lesser included offenses as indicted; no reversible error |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for appellate review of sufficiency of the evidence)
- Drinkard v. Walker, 281 Ga. 211 (2006) (required‑evidence test for determining lesser included offenses)
- Gentry v. State, 281 Ga. App. 315 (appellate standard: view evidence in light most favorable to verdict)
- Howard v. State, 291 Ga. App. 386 (contraband in residence and equal access analysis for constructive possession)
- Womble v. State, 290 Ga. App. 768 (processing/possession as substantial step toward manufacture)