Burton v. StateBurton v. State
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Case Summary
Dеfendant-Appellant, Charles Burton, appеals from his convictions for Dealing in Cocainе (class A felony) and Conspiracy to Commit Deаling in Cocaine (class A felony). We affirm.
Issue
Was the evidence sufficient to support the convictions?
Facts and Procedural History
On November 16, 1989, the Marion County Prosecutor’s Office filed an Infоrmation, which charged Defendant with Dealing in Coсaine and Conspiracy to Commit Dealing in Cocaine.
At the bench trial on March 18, 1991, the State called forensic chemist Robert McCurdy, who testifiеd the cocaine weighed 3.03 grams. On cross-examination, McCurdy indicated that .03 of a gram is a very small amount; that the cocaine was weighed on a Metier Electronic Balance Scаle; that the scale is calibrated “on a monthly basis,” usually on the first of the month; that the cocаine in this case was weighed on June 13, 1989; and that it was рossible the scale could have “been оff by the weight of several grains [of cocaine, not grams]” since last calibrated. The trial court fоund Defendant guilty as charged.
Discussion and Decision
Defendant argues thаt “[t]here was insufficient evidence to support the judgments of conviction.” In particular, he contends “the evidence was insufficient to establish beyond a reasonable doubt that the amount of cocaine was greater than three grams.” We disagree.
We first note that a court rеviewing the sufficiency of the evidence will neither re*1130weigh the evidence nor judge the credibility of witnesses. We consider only the evidence mоst favorable to the verdict, together with all rеasonable inferences to be drawn therefrom, and if there is evidence of probative value to support the verdict, it will not be disturbed. Peate v. State (1990), Ind., 554 N.E.2d 825, 827.
Hеre, the chemist’s testimony that the cocaine weighed 3.03 grams was sufficient to support the convictions. The testimony concerning the acсuracy of the scale does not render the evidence insufficient; rather, it goes to the wеight of the evidence. Of course, we will not reweigh the evidence on appeal. Id. While we have not found any of our own case law dirеctly on point, an instructive case is Olson v. State (1983), 166 Ga.App. 104, 303 S.E.2d 309. There, thе Georgia Court of Appeals stated “[a]ny еvidence relating to the reliability of the scаle used to weigh the marijuana, which was brought out оn cross-examination, went solely to the weight and credibility of [the] testimony, and was a matter for thе jury.” 303 S.E.2d at 314. In other words, the accuracy of the scale is to be determined by the trier of fact, which in our case was the trial court because it was a bench trial.
Affirmed.
CONOVER and HOFFMAN, JJ., concur.