McGee v. State
316 Ga. App. 661
| Ga. Ct. App. | 2012Background
- McGee was convicted of trafficking in cocaine and sentenced to life as a recidivist.
- An undercover drug transaction occurred October 30, 2009, involving Mike; 54.31 grams of cocaine at 12.4% purity.
- McGee sat in the passenger seat of a vehicle in the parking lot; the deal involved Mike in the blue Chrysler 300 and a lookout/aid role by McGee.
- McGee claimed he was there to protect Mike; no drugs or money were found on him at arrest.
- The jury ultimately found McGee guilty; the trial court imposed life imprisonment as a recidivist, and appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support trafficking | McGee argues evidence is insufficient | State contends evidence supports trafficking | Evidence sufficient |
| Correctness of jury instruction on knowledge | McGee asserts the court misdefined knowledge, risking error | State contends proper knowledge standard was given | Reversible error; erroneous knowledge instruction required new trial |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency standard for criminal evidence)
- Harrison v. State, 309 Ga. App. 454 (Ga. App. 2011) (knowledge requirement in trafficking cases)
- Barr v. State, 302 Ga. App. 60 (Ga. App. 2010) (knowledge of substance not weight/purity required)
- Cleveland v. State, 218 Ga. App. 661 (Ga. App. 1995) (knowledge element in trafficking cases)
- Martinez v. State, 314 Ga. App. 551 (Ga. App. 2012) (aider-and-abettor knowledge considerations)
- Dunagan v. State, 269 Ga. 590 (Ga. 1998) (reversible error from improper jury charge)
- Cadle v. State, 271 Ga. App. 595 (Ga. App. 2005) (jury questions as reversible error situations)
- Tift v. State, 133 Ga. App. 455 (Ga. App. 1974) (knowledgeable possession and related errors)
- Wilson v. State, 312 Ga. App. 166 (Ga. App. 2011) (related knowledge/purity weight discussion)