Wilson v. State
291 Ga. 458
| Ga. | 2012Background
- A package weighing 12.46 pounds of marijuana was addressed to Abby at 1830 Vineyard Way and delivered to her erroneously by the post office in Hall County.
- Abby Massaro collected the package, discovered marijuana, and notified police; an undercover officer delivered the package to 1830 Vineyard Way while others waited nearby.
- Appellant Justin Wilson answered the door, said Abby was not home but he would sign for the package, accepted delivery, and was immediately arrested.
- Wilson disclosed that his roommate Daniel Park had mentioned a package with marijuana to the apartment and that it might ultimately go to David Salinas; Park and Salinas were later convicted in separate trials.
- On Oct. 8, 2008, Wilson was indicted for trafficking in marijuana, possession with intent to distribute, and felony possession; the trial court instructed that knowledge of the drug weight was not required for trafficking; Wilson did not object; the Court of Appeals’ decision was reviewed for plain error and affirmed; the Supreme Court granted certiorari.
- The court ultimately affirmed the judgment, holding that the alleged plain-error issue regarding knowledge of quantity was not plain error under the four-prong test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether knowledge of the marijuana’s quantity is an element of trafficking under OCGA 16-13-31 (c). | Wilson argues knowledge of quantity is required. | State argues no plain error; precedent allowed the instruction. | Not plain error; instruction not required to prove weight. |
| Whether the trial court’s plain-error analysis was proper under State v. Kelly. | Wilson contends the error was clearly plain. | State asserts error not clear or obvious under current law. | Not satisfied; issue subject to reasonable dispute, not plain error. |
Key Cases Cited
- State v. Kelly, 290 Ga. 29 (2011) (four-prong plain-error test applied to jury charges; error not plain)
- Barr v. State, 302 Ga. App. 60 (2010) (knowledge of quantity not essential element of cocaine trafficking; persuasive precedent)
- Cleveland v. State, 218 Ga. App. 661 (1995) (knowledge of drug quantity not essential element (cited for analogy))