Horne v. State
318 Ga. App. 484
Ga. Ct. App.2012Background
- Horne was convicted by jury of possession of cocaine with intent to distribute, along with a seat-belt violation and driving without a license.
- Traffic stop occurred July 24, 2008 for a seat-belt violation; license was suspended, defender was arrested.
- Horne removed a plastic bag containing cocaine from his clothing and attempted to conceal it; officer retrieved it from the doorjamb.
- Evidence showed 13.1 g crack cocaine and 7.5 g powder cocaine, separately packaged and consistent with distribution.
- Evidence was seized, sealed, and transported to the GBI Crime Lab; lab testing confirmed cocaine.
- Horne appealed raising eight issues; the Court affirmed after reviewing sufficiency, chain of custody, suppression, self-representation, jury questions, recidivist sentencing, recusal, and ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for possession with intent to distribute | Horne argues lack of exclusive control and intent | State contends direct possession plus packaging shows distribution | Sufficient evidence supports intent to distribute |
| Chain of custody adequacy | Chain of custody was not properly established | Chain of custody proven by sealed bags, receipts, and lab custody | Chain of custody satisfied; no tampering shown |
| Motion to suppress: arrest and warrantless search legality | Arrest/search were illegal | Stop and search lawful under seat-belt and automobile-exemption analysis | Arrest and search lawful; suppression denied |
| Right to counsel and self-representation | Waiver of counsel was involuntary or not valid | Horne knowingly and intelligently waived right to counsel | Waiver valid; Faretta rights satisfied and trial proceeded pro se with standby counsel |
| Recidivist sentencing validity | Prior convictions insufficient for recidivist enhancement | State proved existence of prior guilty pleas with representation | Recidivist sentence proper under OCGA § 17-10-7 |
Key Cases Cited
- Thomas v. State, 291 Ga. App. 795 (Ga. Ct. App. 2008) (possession may be actual or constructive; direct physical control suffices)
- McCombs v. State, 306 Ga. App. 64 (Ga. Ct. App. 2010) (credibility and conflicts a jury issue; sufficiency viewed favorably to verdict)
- Hight v. State, 293 Ga. App. 254 (Ga. Ct. App. 2008) (equal access rule does not apply where owner/driver presumptions not shown)
- Burse v. State, 232 Ga. App. 729 (Ga. Ct. App. 1998) (evidence of packaging and quantity supports distribution intent)
- Sarden v. State, 305 Ga. App. 587 (Ga. Ct. App. 2010) (automobile exception requires probable cause; furtive movements relevant)
- Wayne v. State, 269 Ga. 36 (Ga. 1998) (Faretta self-representation with knowing waiver; warning required but not per Prater)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation with valid waiver of counsel)
- Nash v. State, 271 Ga. 281 (Ga. 1999) (burdens in proving prior pleas for recidivist sentencing)