Scott v. State
326 Ga. App. 115
| Ga. Ct. App. | 2014Background
- After a jury trial, Michael Scott was convicted of trafficking cocaine (OCGA 16-13-31 (a)(1)); possession with intent to distribute cocaine (OCGA 16-13-30 (b)); possession with intent to distribute marijuana (OCGA 16-13-30 (j)); maintaining a dwelling for distribution of controlled substances (OCGA 16-13-42 (a)(5)); and three counts of possession of a firearm during the commission of a crime (OCGA 16-11-106 (b)(4)).
- On appeal, Scott challenged the sufficiency of the evidence, a directed verdict, the admissibility of an expert witness, and ineffective assistance of counsel; the Court reversed.
- Evidence showed 307 East Jenkins Street in Vidalia as a drug distribution center, with Holloway witnessing numerous drug transactions and police recovering drugs, cash, scales, and weapons from the residence during a search.
- Scott was found outside the house during the search and did not own or lease the residence; there was no proof of his possession of drugs or a meaningful connection between him and the drugs or the house.
- The court reversed Scott’s convictions on trafficking cocaine (Count 1), possession with intent to distribute cocaine (Count 2), and possession with intent to distribute marijuana (Count 3); Counts 5–7 (firearm counts) were reversed as they hinged on the other convictions; Count 4 (maintaining a dwelling) was also reversed.
- The remaining issues were not reached in light of the reversals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for drug trafficking and related possession with intent charges | Scott showed no possession or shared control. | State tied drugs to Scott by presence near house and conduct. | Insufficient; no meaningful connection or possession shown. |
| Sufficiency of evidence for maintaining a dwelling for keeping controlled substances | Scott maintained the house used for keeping drugs. | No showing Scott knowingly kept or maintained the residence; only yard work mentioned. | Insufficient; no proof Scott kept or maintained the dwelling. |
Key Cases Cited
- Castillo v. State, 288 Ga. App. 828 (2007) (standard for review of sufficiency of evidence on appeal)
- McGee v. State, 316 Ga. App. 661 (2012) (knowledge requirement for possession of drugs)
- Vines v. State, 296 Ga. App. 543 (2009) (joint constructive possession and meaningful connection)
- Brown v. State, 285 Ga. App. 330 (2007) (mere proximity insufficient for possession)
- Martinez v. State, 303 Ga. App. 71 (2010) (circumstantial evidence linking defendant to drugs may sustain a conviction)
- Flores v. State, 308 Ga. App. 368 (2011) (presence in vehicle insufficient without connection to drugs)
- Crenshaw v. State, 183 Ga. App. 527 (1987) (relevance of links between conduct and drugs)
- Lott v. State, 303 Ga. App. 775 (2010) (evidence of control or access to premises supports possession)
- Paden v. State, 216 Ga. App. 188 (1995) (personal belongings or links required to prove possession)
- Bailey v. State, 294 Ga. App. 437 (2008) (ownership or control of premises creates presumption of possession)