Walker v. State
323 Ga. App. 685
Ga. Ct. App.2013Background
- Walker was convicted by a jury of three counts of sale of l-(3-Trifluoromethylphenyl) piperazine (TFMPP) after controlled buys from a confidential informant at Eric Melton’s workplace.
- During three controlled buys (≈100 pills, 188 pills, and 891/1,000 pills arranged), officers observed Walker arrive in a gray Mercury, briefly meet with Melton, and leave; Melton then gave the informant pills that field-tested positive as "Ecstasy."
- After the third buy, officers followed and arrested Walker; he waived Miranda rights and admitted supplying Melton with 500–600 pills.
- Laboratory analysis of samples from each buy identified the pills as TFMPP (an ‘‘Ecstasy-like’’ controlled substance).
- Walker moved for a new trial claiming (1) insufficient evidence—he was not seen transferring drugs and none were recovered from him or his vehicle—and (2) a fatal variance between the drug named in the indictment (TFMPP) and the analyst’s trial description; the trial court denied relief and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Walker sold TFMPP | Walker: No witness saw him transfer drugs; no drugs found on him or in vehicle; mere presence at scene. | State: Walker admitted supplying 500–600 pills; surveillance showed timing, repeated meetings with Melton before buys; circumstantial evidence corroborates confession. | Affirmed — combined confession and corroborating circumstantial evidence sufficient under Jackson v. Virginia. |
| Fatal variance between indictment and proof | Walker: Analyst called the compound “trichloromethylphenelpipraline,” creating a variance from indicted TFMPP. | State: Analyst otherwise identified the pills as TFMPP and lab reports show TFMPP; issue not preserved at trial. | Affirmed — issue waived; even on merits no fatal variance because evidence and reports identify TFMPP. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Boggs v. State, 304 Ga. App. 698 (affirming standard of review and construing evidence for jury verdict)
- Martinez v. State, 314 Ga. App. 551 (presence, conduct, and confession can corroborate participation in drug distribution)
- Palmer v. State, 286 Ga. App. 751 (issue preservation/waiver for fatal variance claims)
- Williamson v. State, 134 Ga. App. 864 (distinguished — no evidence at trial matching indictment in that case)