Background

• Scott convicted of trafficking in cocaine based on possession of multiple cocaine forms and other paraphernalia, with laboratory testing showing 72.65 grams of a cocaine mixture at 72.6% purity.
• Former OCGA § 16-13-31(a)(1) made trafficking in cocaine depend on knowingly possessing 28 grams or more of cocaine or a mixture with 10% or more cocaine, subject to enhanced penalties.
• Court of Appeals held knowledge of weight/quantity was not an element of the offense; Georgia Supreme Court granted certiorari to review that construction.
• Statute previously required knowledge of the weight of the cocaine; 2013 amendments deleted “knowingly” from subsection (a).
• GA statute changes (OCGA § 16-13-54.1) clarified that knowledge of weight/quantity is not an essential element for offenses measured by weight/quantity for offenses occurring after July 1, 2013.
• The Supreme Court reversed the Court of Appeals, holding former § 16-13-31(a)(1) required proof that the defendant knew the weight of the cocaine; remanded for sufficiency review under this standard.

Issues

Key Cases Cited

• Phagan v. State, 268 Ga. 272 (Ga. 1997) (knowledge as element; burden on state to prove guilty knowledge)
• Flores-Figueroa v. United States, 556 U.S. 646 (U.S. 2009) (statutory KNOWING generally applies to all elements)
• Lockwood v. State, 257 Ga. 796 (Ga. 1988) (interpretation of ‘knowingly’ applying to elements)
• Bundren v. State, 247 Ga. 180 (Ga. 1981) (application of knowledge element to criminal statutes)
• Motors Acceptance Corp. v. Rozier, 278 Ga. 52 (Ga. 2004) (statutory construction with knowledge aspects)
• Wilson v. State, 291 Ga. 458 (Ga. 2012) (discussion of knowledge of amount in trafficking context)