Ware v. State
308 Ga. App. 24
Ga. Ct. App.2011Background
- Ware was convicted of the sale of cocaine and sentenced to ten years with four to serve after an undercover operation in Hall County.
- An undercover officer arranged the encounter in a high-crime area; Ware approached the officer and assisted in locating cocaine and a purchase arrangement.
- Ware guided the officer to a hotel, where he received marked money and later returned with two rocks of cocaine.
- The operation culminated in a traffic stop and Ware’s arrest while another participant (Faulkner) was detained in the hotel room with the marked bill recovered.
- Ware contends the evidence only showed possession or delivery, not sale, and raises related challenges to jury instructions and admission of audio/extra-judicial statements.
- The State argued Ware aided and abetted the sale as a party to the crime, and the court addressed the sufficiency of the evidence and evidentiary issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove sale | Ware aided in the sale as a party to the crime. | There was only possession/delivery; no sale or agreement for price. | Ware committed sale as a party to the crime. |
| Jury recharge on definition of sale | The court’s recharge correctly referred to existing law when no word-for-word definition exists. | Recharge failed to answer the jury’s exact question about a word-for-word definition. | No reversible error; recharge within discretion and adequately informed jury. |
| Admission of defendant's statements as res gestae | Statements during the offense should be admissible as res gestae. | Such statements are prejudicial and outside the door open by no prior defense. | Admissible as res gestae evidence. |
| Audio recording and related evidentiary issues | Audio evidence from the monitoring was properly admitted. | Redaction or relevance concerns could have prejudiced Ware’s defense. | Recordings properly admitted; do not alter result. |
Key Cases Cited
- Gay v. State, 221 Ga.App. 263, 265(1), 471 S.E.2d 49 (1996) (1996) (evidence that defendant facilitated sale sufficient to support liability as a party)
- Little v. State, 230 Ga.App. 803, 805(1), 498 S.E.2d 284 (1998) (1998) (aiding and abetting theory supports conspiracy to sell a controlled substance)
- McLendon v. State, 258 Ga.App. 133, 134(2), 572 S.E.2d 763 (2002) (2002) (res gestae admissibility of statements during offense)
- Quiroz v. State, 291 Ga.App. 423, 426(3), 662 S.E.2d 235 (2008) (2008) (standard for reviewing recharge on jury questions)
- Miller v. State, 236 Ga.App. 825, 513 S.E.2d 27 (1999) (1999) (distinguishes proper recharge from issues of causation)