Griggs v. State

• Decision Date: 28 May 1993
• Docket Number: No. A93A0706,A93A0706
• Parties: GRIGGS v. The STATE.
• Court: Georgia Court of Appeals

Page 591

432 S.E.2d 591

208 Ga.App. 768

GRIGGS v. The STATE.

No. A93A0706.

Court of Appeals of Georgia.

May 28, 1993.

Glenn Zell, Rodney S. Zell, Atlanta, for appellant.

Peter J. Skandalakis, Dist. Atty., Lynda S. Engel, Asst. Dist. Atty., for appellee.

McMURRAY, Presiding Judge.

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 evidence 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 S.E.2d 347 (1983); Parker v. State, 155 Ga.App. 617(2), 271 S.E.2d 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." OCGA § 16-2-6.' Lunz v. State, 174 Ga.App. 893, 895, 332 S.E.2d 37 (1985). 'While mere presence at the scene of the commission of a crime is not sufficient evidence to convict one of being a party thereto, presence, companionship and conduct before and after the offense are circumstances from which one's participation in the criminal intent may be inferred. (Citation and punctuation omitted.)' Kimbro v. State, 152 Ga.App. 893, 894, 264 S.E.2d 327 (1980)." Smith v. State, 188 Ga.App. 415, 416(1), 373 S.E.2d 97. In the case sub judice, Special Agent Chaneyfield testified that defendant informed the confidential informant that he was ready to consummate the drug transaction and that he needed ten minutes to retrieve the cocaine. Special Agent Chaneyfield further testified that defendant was present, before, during and after the drug buy and that defendant gave him specific instructions on how to conceal the cocaine. This evidence reveals that defendant was more than a mere bystander to the illegal drug transaction. It sufficiently authorizes the jury's finding that defendant is guilty, beyond a reasonable doubt, of being a party to the crime of selling cocaine in violation of the Georgia Controlled Substances Act. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560; Jackson v. State, 193 Ga.App. 636(1), 638, 388 S.E.2d 881.

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...