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Randolph v. State

The State failed to show that the defendant violated the Georgia Street Gang Terrorism and Prevention Act when he arranged the sale of personal-use amounts of marijuana to individual members of a gang from which he claimed to have retired.

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Based on his sworn testimony during a prior murder trial, a jury found Davan Randolph guilty of distributing marijuana, conspiring to distribute marijuana, and violating the Georgia Street Gang Terrorism and Prevention Act. Randolph appeals, arguing that his prosecution was barred by procedural double jeopardy, the state engaged in selective prosecution, venue was not proven, and there was insufficient evidence of the gang crime. We affirm the drug convictions, but reverse the gang activity conviction.

Viewed in a light favorable to the verdict,1 the record shows that on August 29, 2006, a Camden County residence burned down and authorities discovered the body of Michael Ryan Foley, who had lived there with several roommates, in the remains. Foley had been shot to death before the fire. Special Agent Richard Dial of the Georgia Bureau of Investigation, the lead investigator on the case, soon learned that Foley was a marijuana seller who had scheduled a drug deal for the morning of August 29. Dial and other agents tried to find out who the deal was with and track that because those are the last people we believe had been present with Foley prior to his death.

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