Shabazz v. State

• Citation: 229 Ga.App. 465,494 S.E.2d 257
• Decision Date: 18 November 1997
• Docket Number: No. A97A2470,A97A2470
• Parties: , 97 FCDR 4356 SHABAZZ v. The STATE.
• Court: Georgia Court of Appeals

Page 257

494 S.E.2d 257

229 Ga.App. 465, 97 FCDR 4356

SHABAZZ v. The STATE.

No. A97A2470.

Court of Appeals of Georgia.

Nov. 18, 1997.

John L. Tracy, Albany, for appellant.

Kenneth B. Hodges III, District Attorney, Bradford R. Pierce, Assistant District Attorney, for appellee.

BLACKBURN, Judge.

Asmar Shabazz appeals his conviction for possession of cocaine with intent to distribute, contending the evidence was insufficient to support the verdict. He also claims the trial court erred in denying his motion for mistrial following testimony regarding the circumstances surrounding his arrest. For the reasons set forth below, we affirm.

1. Shabazz contends the evidence was insufficient to show that the cocaine in question belonged to him. "On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the appellant (defendant here) no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560. Conflicts in the testimony of the witnesses, including the State's witnesses, [are] a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State's case, the jury's verdict will be upheld." (Citations and punctuation omitted.) Patterson v. State, 225 Ga.App. 515, 484 S.E.2d 317 (1997).

David Perry, an investigator with the Albany/Dougherty County Drug Unit, testified that, while he and two other officers were involved in a sting operation, he saw Shabazz and another individual walking together. As there was an outstanding arrest warrant for Shabazz, the officers pulled their car over and Perry told Shabazz to stop. Perry testified that Shabazz threw something away with his right hand and then said "I don't have anything." Another officer went to the spot where Shabazz threw the item and found what appeared to be a large chunk of rock cocaine, approximately two and one-quarter inches long, wrapped in plastic. Perry testified that there was nothing else in the area but rocks and dirt. Shabazz stipulated at trial that the substance found was in fact cocaine.

Perry testified that the amount of cocaine indicated an intent to distribute. He testified that the cocaine weighed 5.2 grams, enough to make several rocks of cocaine with a street value of $520. He testified that individuals who possess cocaine for their own use usually have no more than two or three rocks, worth $20 per rock.

Viewed in the light most favorable to the verdict, the evidence was sufficient to authorize a rational trier of fact to conclude beyond a reasonable doubt that Shabazz was guilty of possession of cocaine with intent to distribute. See Hayes v. State, 203 Ga.App. 409, 410, 417 S.E.2d 45 (1992); Davis v. State, 200 Ga.App. 44, 406 S.E.2d 555 (1991).

2. Shabazz contends the State violated an order in limine and impermissibly placed his character into evidence by presenting testimony that he was arrested on an outstanding drug...