Griggs v. StateGriggs v. State
- Reporters:
- , , ,
- Before:
- McMurray
Defendant Griggs and co-defendant Moss were jointly charged, via indictment, with selling cocaine in violation of the Georgia Controlled Substances Act. Co-defendant Moss entered a guilty plea and defendant Griggs was tried before a jury. The evidence adduced at a jury trial revealed the following:
At about 6:00 p.m. on February 10, 1992, Special Agent Darrell Bernard Chaneyfield of the Georgia Bureau of Investigation and a confidential informant went to defendant’s home to consummate a pre-arranged undercover drug buy. Defendant “answered the door and . . . the confidential informant asked Mr. Griggs was he ready to . . . sell the cocaine]. Defendant] said yes [and informed Special Agent Chaneyfield and the confidential informant that] Shawn Moss had been looking for [them and then defendant instructed the men to] come back in about ten minutes because he . . . had to go up the road for a minute to pick up the cocaine.” At 6:15 p.m., Special Agent Chaneyfield and the confidential informant returned and co-defendant “Shawn Moss opened the door and let [Special Agent Chaneyfield and the confidential informant] inside the residence [and] back into a small area like a kitchen . . . .” Defendant Griggs, co-defendant Moss and special agent Chaneyfield sat at the kitchen table. The confidential informant remained standing. Special Agent Chaneyfield then “asked Mr. Moss for the cocaine and he handed [the special agent] the cocaine which was in a white paper towel and . . . had a cookie shape form.” The special agent “took it from Mr. Moss and observed it [and] asked him how much was it. [Co-defendant Moss] said five hundred dollars.” After negotiating over price, Agent Chaneyfield “handed [co-defendant Moss] the money and [Moss] handed [over] the cocaine.” Special Agent Chaneyfield then “asked Mr. Griggs, did he have anything that I could put this in . . . because [the special agent] didn’t want to walk through the house with it in [his] pocket. [Defendant Griggs] said the best thing . . . was a paper towel.”
Defendant was found guilty of selling cocaine and this appeal followed. Held:
1. In his first three enumerations, defendant contends the evi *769 dence is insufficient to authorize a finding that he was a party to the crime of selling cocaine.
“Presence at the scene of a crime, even when coupled with knowledge and approval, not amounting to encouragement, is not sufficient to show that defendant is a party.
Brown v. State,
250 Ga. 862 (1) (302 SE2d 347) (1983);
Parker v. State,
155 Ga. App. 617 (2) (271 SE2d 871) (1980). However, ‘(c)riminal intent may be found by the jury “upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.”
2. Defendant contends the trial court erred in denying his motion for a continuance based on a defense witness’ failure to appear at trial.
After voir dire, defense counsel moved for a continuance based on the absence of defense witness Glen Moore. Defense counsel stated that Moore resides in Homestead, Florida, and that the witness is not in court because of a home emergency brought on by the destruction of a Florida hurricane. Defense counsel stated that Moore witnessed the drug deal and that Moore “will testify that [defendant] Griggs had nothing to do with this sales transaction.” However, defense counsel admitted that he did not subpoena Moore when the witness was in the jurisdiction of the trial court, explaining that the witness gave “his assurance that.he would be [in court].”
“ ‘ “Each of (the) requirements (set forth in
3. In his final three enumerations, defendant contends the trial court erred in instructing co-defendant Moss, in the presence of the jury, that the witness was not required to respond to defense counsel’s questions on direct examination. Defendant argues that the trial court’s instruction clouded the witness’ veracity and was erroneous, reasoning that co-defendant Moss gave up his right against self-incrimination when he entered a plea of guilty. Defendant further argues that the trial court’s instruction resulted in the witness’ refusal to respond to defense counsel’s question, thereby depriving him of a fair trial under the Fifth, Sixth and Fourteenth Amendménts of the United States Constitution.
“Grounds which may be considered on motion for new trial or on appeal are limited to those which were raised at trial. Pulliam v. State, 236 Ga. 460, 465 (224 SE2d 8); Fowler v. State, 155 Ga. App. 76 (2) (270 SE2d 297). As the issue argued on appeal was not raised before the trial court, [defendant’s final three enumerations present] no question for consideration on appeal.” Proffitt v. State, 181 Ga. App. 564, 565, 566 (2) (353 SE2d 61) (1987).
Judgment affirmed.
Beasley, P. J., and Cooper, J., concur.