Bobby Gene Hayes was convicted of distributing cocaine and using a communications facility in the commission of a felony (OCGA § 16-13-32.3), and he appeals.
Construed to support the jury’s verdict, the evidence adduced at trial showed that Captain James Thomas Wheeler, head of the Special Investigations Division of the Douglas County Sheriff’s Department, was working with a confidential informant, who made arrangements with appellant over the telephone to purchase one-and-one-half ounces of cocaine. Appellant arranged to meet the informant 30 minutes later in a restaurant parking lot. At the appointed time Wheeler, who was wearing a body microphone, and the informant drove to the designated parking lot in the informant’s car. Present in the area, in two other vehicles, were Sheriff Lee and two other officers, who were receiving the transmissions from Wheeler’s transmitter. Appellant arrived shortly in a pickup truck driven and owned by Russell Rhodes.
Appellant left the truck and approached the informant’s car. After the informant introduced Wheeler as a friend and appellant’s cus *144 tomer, appellant said “I don’t have but one; I had to make a stop on the way here.” Appellant then handed Wheeler a plastic bag containing white powder later identified as cocaine, and its weight was discussed, with appellant insisting, after Wheeler expressed doubt, that it contained a full ounce. Wheeler gave appellant the cash he had brought and gave a signal to the listening officers to come forward. As the officers approached to arrest Rhodes and appellant, appellant threw the money into the informant’s car and attempted to flee. He was stopped and both he and Rhodes were arrested. 1
Appellant testified at trial that he had come to the parking lot after the telephone conversation with the informant, whom he admitted he knew, to buy tires he suspected were stolen, but stated that he knew nothing about cocaine.
1. We find the evidence adduced at trial sufficient to have authorized the jury to convict appellant of the crimes with which he was charged under the standard set forth in
Jackson v. Virginia,
2. The record does not support appellant’s contention that the trial court violated his constitutional rights by refusing his request to proceed pro se. A defendant has such a right provided the waiver of counsel is made knowingly and voluntarily, see
Faretta v. California,
3. Appellant maintains, citing
Giglio v. United States,
4. Appellant asserts error in the trial court’s ruling allowing appellant’s custodial statements to be introduced into evidence. At appellant’s request, the trial court conducted a hearing outside the presence of the jury pursuant to
Jackson v. Denno,
The trial court found that appellant made the statements, that he was properly warned of his constitutional rights, and that the statements were freely, voluntarily, and knowingly made. “The findings of a trial court as to factual determinations and credibility relating to the admissibility of a confession will be upheld on appeal unless clearly erroneous. [Cit.]”
Robinson v. State,
5. Appellant finally contends the trial judge’s charge on intent was unconstitutionally burden-shifting, in that he instructed the jury that it could infer intent “from proven circumstances or by acts and conduct” of appellant but did not define the term “infer,” and left the decision whether to make any inference in the discretion of the jury. We find no error. It is not error for a trial court to fail to define terms in common usage.
Garner v. State,
Judgment affirmed.
Notes
Rhodes was convicted of selling cocaine, and his conviction was affirmed on appeal.
Rhodes v. State,
Although this testimony was given later in the trial, and not at the
Jackson-Denno
hearing, this court may look to all the evidence contained in the record when determining the voluntariness of a statement.
Stapleton v. State,
