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Holland v. State

The State failed to show that the defendant had a sufficient connection to the house where officers executed a search warrant and discovered drug evidence to support his convictions for cocaine trafficking and possessing marijuana with intent to distribute, as he did not live in the house and there was no evidence that he had even ever been inside the house any earlier than scant moments before the search began.

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A Gwinnett County jury found Daunte Holland guilty beyond a reasonable doubt of trafficking in cocaine, OCGA § 16-13-31 a; and possession of marijuana with intent to distribute, OCGA § 16-13-30 j 1, in violation of the Georgia Controlled Substances Act. Following the denial of his motion for a new trial, Holland appeals, challenging the sufficiency of the evidence and contending that he received ineffective assistance of counsel. For the reasons explained below, we reverse.

1. Holland contends that the State failed to adduce any evidence connecting him to the cocaine or marijuana that he is charged with unlawfully possessing; rather, he argues, the evidence proved no more than his mere presence in the house where the contraband was found during the execution of a search warrant. Based on this, he contends that the evidence was insufficient to sustain his convictions.

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