Scott v. State, 331 Ga. App. 395

In 2009 police suspected drug sales at a house rented by Kenneth Scott; undercover buys and a search warrant followed.
Search (Sept. 25, 2009) uncovered individually packaged crack and powder cocaine, a large unprocessed chunk (a “brick”), digital scales, packaging materials, cutting tools, and loaded guns.
Lab testing of the large piece showed it weighed 72.65 grams and was 72.6% pure; other smaller packets were tested or observed packaged for resale.
Scott was seen leaving or standing in front of the house shortly before the warrant was executed; a co-defendant testified Scott had engaged in many drug transactions over the years.
The trial court instructed the jury that the State must prove beyond a reasonable doubt that the defendant knowingly possessed 28 grams or more of cocaine and gave a general knowledge instruction.
On appeal the Georgia Supreme Court held that knowledge of quantity is an element of the former trafficking statute (former OCGA § 16-13-31(a)(1)) and remanded for this Court to decide whether evidence proved Scott knew the weight; this opinion addresses that remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove Scott knew the cocaine weighed ≥28 g	State: circumstantial evidence (quantity, purity, packaging, scales, prior dealings, “brick” weighing 72.65 g) shows Scott knew weight	Scott: lacked direct proof he knew the weight; earlier jury instructions may have been deficient	Court: Evidence sufficient to prove Scott knew weight beyond reasonable doubt; conviction affirmed
Whether Scott is entitled to a new jury trial because the law changed regarding knowledge of weight	State: trial charge and specific knowledge instruction adequately informed jury of State’s burden; no preserved challenge to charge	Scott: change in law (post-2013 amendment removing scienter) requires retrial with proper jury instruction to protect due process and jury trial rights	Court: No retrial required; jury was apprised that State must prove knowing possession of ≥28 g and due process/jury rights not violated

Scott v. State, 295 Ga. 39 (2014) (Supreme Court: knowledge of quantity is an element of former trafficking statute)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of the evidence review)
Childs v. State, 330 Ga. App. 727 (2015) (knowledge may be proven by circumstantial evidence)
Harrison v. State, 309 Ga. App. 454 (2011) (sufficiency of circumstantial proof of knowledge of weight)
Griffin v. State, 331 Ga. App. 550 (2015) (evidence sufficient to show defendant knew weight where quantity greatly exceeded threshold)
Robinson v. State, 331 Ga. App. 872 (2015) (similar holding on sufficiency where weight far exceeded trafficking threshold)
Freeman v. State, 329 Ga. App. 429 (2014) (sufficient proof of knowledge where high purity/weight and other transactions shown)