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Scott v. State

The evidence was sufficient to establish beyond a reasonable doubt that the defendant knew that the cocaine in his possession weighed 28 grams or more.

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In Scott v. State, 295 Ga. 39 757 SE2d 106 2014, our Supreme Court overruled a long line of cases on the knowledge required to prove trafficking in cocaine under the former version of OCGA § 16-13-31 a 1.1 Accordingly, the Supreme Court reversed the part of our holding in Scott v. State, 320 Ga. App. XXVI decided March 11, 2013 unpublished, in which we relied on that precedent to affirm Scott’s conviction, and directed us upon remand “to determine whether the evidence at trial was sufficient to prove beyond a reasonable doubt that Scott knew that the cocaine he possessed weighed 28 grams or more.” Scott, 295 Ga. at 42 3, n.5. We have reviewed the evidence in light of this directive and once again conclude that the evidence was sufficient to convict Scott of trafficking in cocaine under former OCGA § 16-13-31 a 1.2 Further, we also have considered and reject Scott’s contention that in light of the “change” in the law, he will be denied due process and his right to a trial by jury if we merely affirm his conviction instead of allowing him to be retried.3 Accordingly, we now affirm Scott’s conviction as more fully set forth below.

1. We start with the applicable version of OCGA § 16-13-31 a 1, which provides in relevant part as follows:

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