Anderson v. State

• Decision Date: 26 March 1997
• Docket Number: No. A97A0217,A97A0217
• Citation: 484 S.E.2d 783,225 Ga.App. 727
• Parties: , 97 FCDR 1680 ANDERSON v. The STATE.
• Court: Georgia Court of Appeals

Page 783

484 S.E.2d 783

225 Ga.App. 727, 97 FCDR 1680

ANDERSON v. The STATE.

No. A97A0217.

Court of Appeals of Georgia.

March 26, 1997.

Mark T. Phillips, Albany, for appellant.

Britt R. Priddy, District Attorney, Tracia M. King, Assistant District Attorney, for appellee.

HAROLD R. BANKE, Senior Appellate Judge.

A jury found Reginald Anderson guilty of possession of cocaine with intent to distribute and acquitted him of possession of marijuana. Anderson received a life sentence. Following the denial of his motion for new trial, Anderson appeals.

On appeal, the evidence must be viewed in a light most favorable to the verdict. Cline v. State, 221 Ga.App. 175, 471 S.E.2d 24 (1996). Viewed in that light, the State's evidence showed the following. Based on confidential information, police set up surveillance in a parking lot and awaited the arrival of two suspects in a rust-colored Buick, expected to deliver some cocaine there. After the described vehicle proceeded through the parking lot without stopping, Officer Graham Stacy pursued it in a marked patrol vehicle. ¹ Despite Stacy's activation of both his siren and blue lights, Anderson attempted to elude, running several stop signs and a red light. At an intersection, Stacy observed a package appear to come from the vehicle. Stacy was unable to discern from which side of the vehicle the drugs were tossed. Stacy radioed the location to fellow officers and continued to chase Anderson, increasing his speed to 75 to 80 mph.

After finally stopping Anderson and his passenger, Stacy went back to assist with locating the drugs. Police discovered a knotted, clear plastic bag containing three grams of cocaine and a separate bag of marijuana, containing less than one ounce. When police searched Anderson's passenger, co-defendant Kirby Taylor, they found almost $600 in cash. Both Anderson and Taylor were indicted for possession of cocaine with intent to distribute and possession of marijuana.

Anderson pleaded guilty to numerous traffic offenses, including failing to stop at three stop signs, running a red light, attempting to elude, reckless driving, and driving with a suspended license. Without objection, the State presented testimony depicting the details of Anderson's prior conviction for possession of cocaine with intent to distribute. Held:

In his sole enumeration of error, Anderson contends that the evidence was not sufficient to authorize a conviction for possession of cocaine with intent to distribute within the meaning of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). To support a conviction for possession of cocaine with intent to distribute, the State must prove more than mere possession. Williams v. State, 199 Ga.App. 544(1), 405 S.E.2d 539 (1991). Where a conviction hinges on circumstantial evidence, the evidence must exclude every reasonable hypothesis except guilt. OCGA § 24-4-6.

The State's evidence showed that after Anderson drove through a parking lot without stopping, he attempted to avoid interception. His efforts to elude capture arguably provided circumstantial evidence of guilt. Renner v. State, 260 Ga. 515, 518(3)(b), 397 S.E.2d 683 (1990); Reddin v. State, 223 Ga.App 148, 150(1), 476 S.E.2d 882 (1996). However, this circumstantial evidence of guilt is equally consistent with a theory that Anderson attempted to evade the police because he was in possession of illegal drugs or because his license was suspended.

Officer David Wood, who was not admitted as an expert on drug transactions, could not state that the three-gram amount of cocaine proved distribution. In fact, Wood testified that the small amount was consistent with both a user quantity and distribution quantity. ² See Stephens v. State, 219 Ga.App. 881, 883(1), 467 S.E.2d 201 (1996) (physical precedent only) (unqualified testimony by officer not tendered as expert was not competent evidence on intent to distribute). Later, over objection, Woods testified that it was his belief that the three grams indicated distribution when coupled with the amount of cash on Anderson's co-defendant and the aborted drug transaction. See Davis v. State, 209 Ga.App. 572, 573(2), 434 S.E.2d 132 (1993) (conviction reversed because officer who testified not qualified as expert and State failed to lay sufficient foundation qualifying him).

Further, we note that the purportedly similar transaction was significantly dissimilar. In the earlier case, Anderson was found in possession of rock cocaine, unlike the powder here. The rocks were packaged in nine separate baggies concealed on Anderson's person, unlike the single package of powder here. Anderson had nearly $400 cash on his person, whereas here he had none. We question whether such...