Robinson v. State
331 Ga. App. 872
Ga. Ct. App.2015Background
- Robinson was convicted of cocaine trafficking in a prior appellate decision; the Georgia Supreme Court later remanded for reconsideration after Scott v. State.
- Scott v. State held the former cocaine trafficking statute required knowledge of the weight and possession of the cocaine, affecting sufficiency analysis.
- On remand, the Court concluded the jury could infer Robinson knew the cocaine weighed 28 grams or more.
- Evidence included Robinson’s status as driver, large quantity of narcotics in the car, nervousness, inconsistent statements, and the presence of scales.
- The indictment charged knowing possession of more than 200 grams, aligning with a trafficking charge under the former statute.
- The court affirmed the conviction, holding the evidence sufficient to prove knowing possession and knowledge of weight under the former statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence of knowing possession of 28+ grams? | Robinson | Robinson | Yes, evidence sufficient |
| Did the evidence show knowledge of weight under the former statute? | Robinson | Robinson | Yes, jury could infer knowledge of weight |
Key Cases Cited
- Robinson v. State, 324 Ga. App. XXVII (Ga. App. 2013) (unpublished decision guiding remand analysis)
- Scott v. State, 295 Ga. 39 (Ga. 2014) (former statute required knowledge of weight and possession)
- Reese v. State, 270 Ga. App. 522 (Ga. App. 2004) (standard of appellate review on appeal from conviction)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for convicting a defendant)
- Ramirez v. State, 290 Ga. App. 3 (Ga. App. 2008) (presumption of possession when driver of vehicle)
- McKibbons v. State, 226 Ga. App. 452 (Ga. App. 1997) (circumstantial evidence may support intent)
- Freeman v. State, 329 Ga. App. 429 (Ga. App. 2014) (evidence of weight sufficient to show knowing possession)