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Scott v. State

The evidence did not support the defendant's convictions arising from the execution of a search warrant at a house used for distributing drugs while he was standing outside in the front yard.

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Following a jury trial, Michael Scott was convicted of trafficking cocaine OCGA § 16-13-31 a 1 Count 1; possession of cocaine with intent to distribute OCGA § 16-13-30 b Count 2; possession of marijuana with intent to distribute OCGA § 16-13-30 j Count 3; maintaining a dwelling or structure for the distribution of controlled substances OCGA § 16-13-42 5 Count 4; and three counts of possession of a firearm during the commission of a crime OCGA § 16-11-106 b 4 Counts 5, 6, and 7.1 Scott appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his convictions on any of the charges, the trial court erred by not granting a directed verdict, the trial court erred in allowing a witness to testify as an expert, and he received ineffective assistance of counsel. For the reasons that follow, we reverse.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence. We determine only whether the evidence authorized the jury to find the defendant guilty beyond a reasonable doubt, and in doing so we neither weigh that evidence nor judge the credibility of the witnesses.

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