Williams v. State, A91A0854

Decision Date10 April 1991
Docket NumberNo. A91A0854,A91A0854
Citation405 S.E.2d 539,199 Ga.App. 544
PartiesWILLIAMS v. The STATE.
CourtGeorgia Court of Appeals

Avis K. Hornsby, Atlanta, for appellant.

Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, D. Victor Reynolds, Richard E. Hicks, Asst. Dist. Attys., for appellee.

McMURRAY, Presiding Judge.

Defendant Williams appeals his conviction of a violation of the Georgia Controlled Substances Act (possession of cocaine with intent to distribute). Held:

1. Defendant's second enumeration of error contends that the evidence was not sufficient to support a conviction for possession of cocaine with intent to distribute. The argument in support of this enumeration is limited to the issue of whether defendant had an intent to distribute the cocaine found in his possession when he was detained at a roadblock. "To support a conviction for possession of cocaine with intent to distribute, the State is required to prove more than mere possession. Wright v. State, 154 Ga.App. 400, 401 (268 SE2d 378) (1980), cert. denied 449 U.S. 900 [101 S.Ct. 270, 66 L.Ed.2d 130] (1980)." Sams v. State, 197 Ga.App. 201(1), 202, 397 S.E.2d 751. In the case sub judice, the evidence shows that the cocaine was divided between more than 30 small glassine or clear plastic packages. This manner of packaging being commonly associated with the sale or distribution of such contraband would authorize any rational trier of fact to infer that the defendant possessed cocaine with intent to distribute. Bowers v. State, 195 Ga.App. 522(1), 394 S.E.2d 141. The evidence was sufficient to meet the standard of proof required by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560.

2. Defendant failed to preserve the issues raised in his remaining enumerations of error by timely objections in the trial court. Romano v. State, 193 Ga.App. 682(1), 388 S.E.2d 757. We also note that defendant waived the right to enumerate the jury charge as error when upon inquiry by the trial court he neither objected to the charge as given nor reserved the right to later object. Davidson v. State, 183 Ga.App. 557(1), 359 S.E.2d 372; Thomas v. State, 180 Ga.App. 575, 576(3), 349 S.E.2d 807.

Judgment affirmed.

SOGNIER, C.J., and ANDREWS, J., concur.

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  • Pitts v. State
    • United States
    • Georgia Court of Appeals
    • March 26, 2003
    ...and misdemeanor possession of marijuana. 11. Kellibrew v. State, 239 Ga.App. 783(1), 521 S.E.2d 921 (1999). 12. Williams v. State, 199 Ga.App. 544(1), 405 S.E.2d 539 (1991). 13. See, e.g., Parris v. State, 226 Ga.App. 854, 856, 487 S.E.2d 690 (1997) (division of drugs into individual packag......
  • Whitfield v. State
    • United States
    • Georgia Court of Appeals
    • May 8, 1995
    ...any rational trier of fact to infer that ( [defendant] ) possessed cocaine with intent to distribute. (Cit.) ...' Williams v. State, 199 Ga.App. 544(1) (405 SE2d 539)." Consequently, the trial court did not err in denying defendant's motion for directed verdict of acquittal. Humphrey v. Sta......
  • Johnson v. State
    • United States
    • Georgia Court of Appeals
    • February 11, 1998
    ...to distribute, the State is required to prove more than mere possession." (Citations and punctuation omitted.) Williams v. State, 199 Ga.App. 544, 405 S.E.2d 539 (1991). In this case, the evidence shows that 85 individual hits of crack cocaine were found in Johnson's vehicle, many of which ......
  • Flemister v. State
    • United States
    • Georgia Court of Appeals
    • October 2, 2012
    ...State, 277 Ga.App. 282, 283(1)(a), 626 S.E.2d 245 (2006); Gerlock, 283 Ga.App. at 230–231(1), 641 S.E.2d 240;Williams v. State, 199 Ga.App. 544, 544–545(1), 405 S.E.2d 539 (1991). Accordingly, we conclude that the State met its burden of proof in this case, and the jury was authorized to fi......
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