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Summerville v. State

The evidence supported a finding that the defendant had knowledge that the marijuana officers discovered in the vehicle he was driving weighed more than 10 pounds, in accordance with former O.C.G.A. § 16-13-31 subsection c.

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Following a jury trial, Kent Summerville was convicted of marijuana trafficking OCGA § 16-13-31 c 2010 and driving with a suspended license OCGA § 40-5-121 a. Summerville appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his marijuana trafficking conviction because the statute existing at the time of his offense required the State to prove that he had knowledge the marijuana weighed more than ten pounds and the State failed to prove this element of the offense. Summerville also contends that the State withheld material evidence in violation of Brady v. Maryland, 373 U. S. 83 83 SCt 1194, 10 LEd2d 215 1963, and that he received ineffective assistance of counsel. For the reasons that follow, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict; the defendant no longer enjoys the presumption of innocence; and we do not weigh the evidence or determine witness credibility. The standard of review is whether, based on the evidence of record, a rational trier of fact could have found the essential elements of the charged offense beyond a reasonable doubt.

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