Wilson v. State
312 Ga. App. 166
| Ga. Ct. App. | 2011Background
- Wilson was jointly indicted with Park and Salinas on multiple marijuana offenses; he was convicted of trafficking, possession with intent to distribute, and possession of marijuana.
- A package addressed to Wilson’s Hall County residence, containing 12.46 pounds of marijuana, was misdirected to a neighbor who relayed it to police; officers arranged a controlled delivery to Wilson’s residence.
- Wilson accepted delivery, signed for the package under a fictitious name, and was detained as officers secured the package in his possession.
- A protective sweep of Wilson’s residence revealed marijuana paraphernalia in plain view; a subsequent search of common areas yielded more marijuana.
- Wilson was advised of Miranda rights, cooperated, and admitted Park had told him the package was for Park’s friend Salinas.
- Wilson moved to suppress evidence, arguing illegal warrantless entry/search and involuntary consent; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was proper | Wilson contends warrantless entry/search lacked exigent circumstances and consent was involuntary. | State argues exigent circumstances or consent authorized the entry/search as in Park. | Suppression denial affirmed; arguments fail. |
| Knowledge of weight required for trafficking conviction | Wilson argues knowledge of exact weight is required. | State need not prove defendant knew the exact weight, only possession of a quantity exceeding threshold. | No knowledge of precise weight required; conviction sustained. |
| Knowledge of quantity as an element and ineffective assistance | Knowledge of quantity was an element; failure to object on jury charge was ineffective assistance. | Jury instruction correctly stated that knowledge of quantity is not an element; no ineffective assistance. | Jury charge not erroneous; no basis for reversal. |
Key Cases Cited
- Barr v. State, 302 Ga.App. 60 (Ga. App. 2010) (knowledge of weight not required for trafficking)
- Cleveland v. State, 218 Ga.App. 661 (Ga. App. 1995) (no need to know exact weight for trafficking; mens rea governs knowledge of possession and nature)
- Park v. State, 308 Ga.App. 648 (Ga. App. 2011) (evidence supports trafficking conviction as party who accepted package)
- Schlomer v. State, 247 Ga.App. 257 (Ga. App. 2000) (statutory construction and integration with existing law)
- Harrison v. State, 309 Ga.App. 454 (Ga. App. 2011) (discussed regarding knowledge requirement for cocaine trafficking)