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Anderson v. State

The evidence sufficiently supported the defendant's conviction for trafficking in cocaine, as the evidence showed that the defendant was more than merely present near the cocaine and the jury was authorized to find that the defendant knowingly possessed a trafficking weight of cocaine.

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Marcus Anderson appeals the denial of his motion for new trial following his conviction for trafficking in cocaine. On appeal, Anderson asserts that the trial court erred by 1 quashing his subpoena of a defense witness; 2 excluding a defense witness’ prior statement; 3 excluding impeachment evidence regarding a State witness; and 4 refusing to overturn his conviction due to the State’s failure to disclose his co-defendant’s plea deal. Anderson also challenges the sufficiency of the evidence. For the reasons that follow, we find no error and affirm.

Viewed in the light most favorable to the jury’s verdict,1 the record shows that on the evening of August 11, 2008, Anderson borrowed a Silver Chevrolet Impala from a friend of his girlfriend, Tawnya Anderson,2 to meet Tawnya’s sister in Byron, approximately two hours from where they lived in Moultrie. Anderson sat in the front passenger seat while Tawnya drove. On their way back home from Byron, Tawnya was pulled over by Sergeant Clay Chambers of the Houston County Sheriff’s Office after he observed a tinted tag cover blocking his ability to read the vehicle’s license plate.3

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