Theodore Sloans v. State
A21A0125
| Ga. Ct. App. | Jun 30, 2021Background
- GBI investigated a suspected "trap house" in College Park after controlled buys showing a substance that field-tested positive for cocaine.
- Agents executed a no-knock warrant and observed Theodore Sloans and a co-defendant tossing cocaine, packaging materials, and cash into an active fire; agents recovered ~60 grams of cocaine, scales, cutting agents, cash, surveillance equipment, and saw a handgun nearby.
- Keys to the house and an associated Chevrolet Caprice (linked to other trap houses) were found in Sloans’ possession.
- A Fulton County grand jury indicted Sloans for trafficking in cocaine, possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony, and tampering with evidence; joint trial with co-defendant Dustin Smith followed.
- Jury convicted Sloans of trafficking in cocaine and tampering with evidence, acquitted him of the firearm counts; Sloans’ amended motion for new trial was denied and he appealed raising three principal challenges.
Issues
| Issue | Sloans' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for trafficking and tampering | State tested only a small sample of seized powder; co-defendant testimony is self-serving and unreliable | Representative sample testing and co-defendant testimony provide competent evidence; credibility for the jury | Affirmed — evidence sufficient: tested sample showed >28 g and 65% purity; jury may credit witnesses; appellate court will not reweigh credibility |
| Admission of other-acts (404(b)) evidence (three prior convictions) | Prior acts were too remote, unduly prejudicial, and unnecessary given the State’s case | Other acts were admissible to prove intent, knowledge, motive; prosecutorial need was high to rebut mere-presence defense | Affirmed — trial court did not abuse discretion: 404(b) and 403 balancing supported admission; remoteness (12, 11, 5 years) did not render evidence inadmissible |
| Motion to sever felon-in-possession firearm count from drug counts | Firearm count would introduce character evidence and prejudice; severance required to protect presumption of innocence | Prior convictions would be admissible for legitimate purposes regardless; bifurcation unnecessary | Affirmed — denial not an abuse of discretion; acquittal on felon-in-possession count rendered any error harmless and prior convictions justified admission |
Key Cases Cited
- Salinas v. State, 313 Ga. App. 720 (2012) (testing representative samples can support trafficking conviction for entire amount)
- Naples v. State, 308 Ga. 43 (2020) (three-part test for admitting other-acts evidence under Rule 404(b))
- Gunn v. State, 342 Ga. App. 615 (2017) (11-year gap not necessarily too remote for admissibility)
- Chase v. State, 337 Ga. App. 449 (2016) (Rule 403 exclusion is extraordinary and sparingly used; close calls favor admissibility)
- Fleming v. State, 306 Ga. 240 (2019) (high prosecutorial need when State must rebut mere-presence defense)
- Kirby v. State, 304 Ga. 472 (2017) (prosecutorial need increases probative value of other-acts evidence)
- Westbrook v. State, 355 Ga. App. 334 (2020) (showing active participation vs mere presence can be crucial to State’s case)
- Rodriguez v. State, 309 Ga. 542 (2020) (standard for severance when offenses are part of a single scheme)
- Barnes v. State, 287 Ga. 423 (2010) (prior felony convictions may be legally material to other charges, making bifurcation unnecessary)