Gaudlock v. State
310 Ga. App. 149
Ga. Ct. App.2011Background
- Gaudlock was tried by a Hall County jury and convicted of possession of cocaine and possession of more than an ounce of marijuana.
- Evidence showed 28.8 grams of marijuana in Gaudlock’s possession, exceeding one ounce as a matter of law.
- The definition of an ounce in OCGA § 16-13-2(b) is an avoirdupois ounce, equal to 28.35 grams, a legal interpretation at issue.
- The State argued the weight evidence was sufficient to prove more than an ounce without proving exact gram-to-ounce equivalencies.
- The State admitted evidence of a similar transaction: April 27, 2008 possession/attempted distribution of cocaine and possession of marijuana, plus an April 15, 2008 cocaine sale by Gaudlock.
- On appeal, Gaudlock challenged both the sufficiency of the marijuana weight evidence and the admissibility of the similar-transaction evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the weight sufficient to prove more than an ounce? | Gaudlock asserts no gram-to-ounce conversion needed. | Gaudlock contends insufficient proof of an ounce without explicit gram conversion. | Sufficient: 28.8 grams exceed one ounce; no conversion witness required. |
| Was the similar-transaction evidence lawfully admitted? | Evidence of April 15 cocaine incident shows intent; probative and similar to April 27 possession. | The April 15 incident is not similar enough because it involved sale and different charges. | Not error: court did not abuse discretion; similarities supported admissibility for intent. |
Key Cases Cited
- Whatley v. State, 189 Ga.App. 173 (1988) (weight threshold for felony possession of marijuana)
- Expedia, Inc. v. City of Columbus, 285 Ga. 684 (2009) (statutory/ordinance interpretation as a matter of law)
- Johnson v. State, 289 Ga. 22 (2011) (test for admissibility of similar transactions: purpose, independent act, similarity)
- Hall v. State, 287 Ga. 755 (2010) (focus on similarities, not differences, in similar-transaction analysis)
- Slaughter v. State, 282 Ga. App. 276 (2006) (admission of prior possession evidence in cocaine case)
- Drummond v. State, 278 Ga.App. 631 (2006) (similar-transaction evidence in cocaine case admissibility)
- Pasuer v. State, 271 Ga.App. 259 (2005) (grams-to-ounce interpretation context for weight evidence)
- Vergara v. State, 283 Ga. 175 (2008) (gram-based interpretation related to weight definitions)
- Sloan v. State, 172 Ga.App. 620 (1984) (precedent cited re: evidence weighting when grams shown)
- Olds v. State, 293 Ga.App. 884 (2008) (gram-based weight sufficiency in marijuana prosecution)