McNorrill v. State
Decision Date | 03 August 2016 |
Docket Number | A16A1016 |
Parties | McNorrill v. The State. |
Court | Georgia Court of Appeals |
Edward Hunt Brumby Jr., for Appellant.
Joshua Bradley Smith, Madonna Marie Little, Rebecca Ashley Wright, for Appellee.
, Presiding Judge.
A Richmond County jury found Todderius McNorrill guilty of hijacking a motor vehicle, possession of marijuana with intent to distribute, and possession of a firearm during the commission of a crime. On appeal from the denial of his motion for new trial, McNorrill challenges the sufficiency of the evidence supporting his convictions. McNorrill further contends that he was deprived of his constitutional right to effective counsel because his trial counsel had an actual conflict of interest and failed to object to certain jury instructions. For the reasons discussed below, we affirm.
“Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to sustain the verdict.” Anthony v. State , 317 Ga.App. 807, 732 S.E.2d 845 (2012)
. The evidence in the present case, viewed in favor of the verdict, was recently summarized by this Court in Whaley v. State , 337 Ga.App. 50, 785 S.E.2d 685 (2016), the appeal of McNorrill's co-defendant, Meguel Whaley:
McNorrill filed a motion for new trial, as amended, in which he challenged the sufficiency of the evidence and contended that his trial counsel rendered ineffective assistance. After conducting an evidentiary hearing, the trial court denied the motion. This appeal followed.
1. McNorrill contends that there was insufficient evidence to support his conviction of possession of marijuana with intent to distribute.3 While he concedes that there was evidence that he possessed the marijuana found in the victim's stolen car, McNorrill maintains that there was insufficient evidence showing that he acted with the intent to distribute the marijuana. We disagree.
To prove possession with intent to distribute, the State must show more than mere possession of a controlled substance. No bright line rule exists regarding the amount or type of evidence sufficient to support a conviction for possession with intent to distribute, and whether the State has proven an intent to distribute is peculiarly a question of fact for determination by the jury. Furthermore, in addressing the sufficiency of the evidence, we are always mindful that it is not our role to weigh the evidence or determine the credibility of witnesses; instead, under the standard enunciated in Jackson v. Virginia , 443 U.S. 307, 319 (III) (B), 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)
, we only determine whether a rational trier of fact could have found the defendant guilty of the charged offense beyond a reasonable doubt.
(Citations and punctuation omitted.) Flemister v. State , 317 Ga.App. 749, 752, 732 S.E.2d 810 (2012)
. Additionally, where, as in the present case, the conviction at issue is based solely on circumstantial evidence, “the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused,” and whether that State has met this burden is normally a question for the jury. (Citation and punctuation omitted.) Noble v. State , 225 Ga.App. 470, 471, 484 S.E.2d 78 (1997)
.
Here, the marijuana found in the car was packaged in nine individual baggies, with eight of the baggies contained in a larger plastic bag on the driver's side...
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White v. State
...such defendants).18 State v. Mamedov , 288 Ga. 858, 860, 708 S.E.2d 279 (2011) (punctuation omitted); accord McNorrill v. State , 338 Ga. App. 466, 473 (2), 789 S.E.2d 823 (2016) ; see Tolbert v. State , 298 Ga. 147, 152-53 (2) (b), 780 S.E.2d 298 (2015) (explaining that "the question would......
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White v. State
...... negotiated a plea bargain for more than one defendant in a. case conditioned on acceptance of the plea by all such. defendants). . . [ 18 ] State v. Mamedov , 288 Ga. 858, 860 (708 S.E.2d 279) (2011); accord McNorrill v. State , 338 Ga.App. 466, 473 (2) (789 S.E.2d 823) (2016);. see Tolbert v. State , 298 Ga. 147, 152-53 (2) (b). (780 S.E.2d 298) (2015) (explaining that "the question. would remain whether the potential conflict of interest for. the lawyer had a significant and ......
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White v. State
...... negotiated a plea bargain for more than one defendant in a. case conditioned on acceptance of the plea by all such. defendants). . . [ 18 ] State v. Mamedov , 288 Ga. 858, 860 (708 S.E.2d 279) (2011); accord McNorrill v. State , 338 Ga.App. 466, 473 (2) (789 S.E.2d 823) (2016);. see Tolbert v. State , 298 Ga. 147, 152-53 (2) (b). (780 S.E.2d 298) (2015) (explaining that "the question. would remain whether the potential conflict of interest for. the lawyer had a significant and ......
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