Clark v. State
| Decision Date | 19 January 1999 |
| Docket Number | No. A98A1943.,A98A1943. |
| Citation | 510 S.E.2d 907,236 Ga. App. 153 |
| Parties | CLARK v. The STATE. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
D. Duston Tapley, Jr., Vidalia, for appellant.
Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, for appellee.
In a special presentment, defendant LaShun Monte Clark and co-indictee Barron Anthony Blackshear were charged with a single violation of the Georgia Controlled Substances Act for selling cocaine. The evidence at defendant's jury trial revealed that Detective Bobby Young of the Vidalia Police Department supervised a controlled buy of narcotics, with Swainsboro police officer Dennis Mason in plain clothes driving an unmarked van. Hidden in the van were patrolmen Tony Phillips and Joel Williams. On the night in question, Officer Mason Officer Mason expressly identified defendant in court as "the one [the officer] received the cocaine from[, and] the one who took the money."
The jury found defendant guilty as charged. Pursuant to the grant of an out-of-time appeal, defendant challenges the sufficiency of the evidence as to the identity of the perpetrator. Held:
1. Defendant first contends the trial court erroneously permitted Officer Tony Williams, one of the two patrolman in the back of the van, to testify he overheard Barron Anthony Blackshear, He argues this is hearsay which is not admissible to prove identity, in conjunction with Officer Williams' knowledge that "Shun ... is what [he, i.e., defendant, is] called on the street." We disagree.
"After the fact of conspiracy is proved, the declarations by any one of the conspirators during the pendency of the criminal project shall be admissible against all." OCGA § 24-3-5. Compare OCGA § 24-3-52. Robertson v. State, 268 Ga. 772, 776(11),...
To continue reading
Request your trial
-
Teat v. State
...for new trial ..., nothing is presented for review. Fitzgerald v. State, 193 Ga.App. 76, 77(5), 386 S.E.2d 914." Clark v. State, 236 Ga.App. 153, 154-155(2), 510 S.E.2d 907. In the case sub judice, "[t]hese objections were not raised by defendant at trial. Absent timely objection, we find n......
-
Heng v. State
...and has, therefore, waived objection to it on appeal. Furlow v. State, 272 Ga. 795, 796(2), 537 S.E.2d 61 (2000); Clark v. State, 236 Ga.App. 153, 155(2), 510 S.E.2d 907 (1999). 3. We conclude that the evidence as outlined above was sufficient for a rational trier of fact to find Heng guilt......
-
Freeman v. State
...86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 2. Williams v. State, 225 Ga.App. 319, 322(5), 483 S.E.2d 874 (1997). 3. Clark v. State, 236 Ga.App. 153, 155(2), 510 S.E.2d 907 (1999). 4. Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972); Mercer v. State, 268 Ga. 856, 857(3), 493 S.E......
-
Newton v. State
...(1997). 3. Id. 4. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). 5. (Citation omitted.) Clark v. State, 236 Ga.App. 153, 155(2), 510 S.E.2d 907 (1999). 6. Johnson v. State, 261 Ga.App. 98, 102(5), 581 S.E.2d 715 (2003). See also Pugh v. State, 214 Ga.App. 470, 472(......