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Murray v. State

The evidence supported the defendant's conviction for possession of marijuana with intent to distribute after he tracked down a package containing marijuana that was shipped to someone he did not know and arranged to pick up the package from an undercover officer.

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Timothy Murray appeals from the denial of his motion for new trial following his conviction for possession of marijuana with intent to distribute and providing a false name to law enforcement. He contends on appeal that the evidence was insufficient to sustain the possession of marijuana with intent to distribute conviction, the trial court erred in denying his motion for directed verdict, and that the trial court erred in failing to charge mistake of fact and entrapment. Following our review, we affirm.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys a presumption of innocence. Green v. State, 323 Ga. App. 832 748 SE2d 479 2013. So viewed, the evidence demonstrates that on May 4, 2002, Daphne Howell found that a package originating in California had been delivered to her home. The UPS package was addressed to her, but she was not expecting a delivery from California and she did not know anyone in California. When Howell opened the box, she saw a smaller box wrapped in cellophane that contained a leafy material and called police. Police took possession of the package and recovered 10 packages of marijuana weighing approximately 9.6 pounds from inside the box.

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