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King v. State

Trial counsel's decision not to introduce evidence regarding the controlled drug buy at the defendant's house constituted reasonable trial strategy, since trial counsel was concerned that such evidence would open the door to testimony about other drug transactions that police witnessed during their surveillance at the defendant's house, which would have undermined the defendant's sole defense that he was unaware the drugs were in his house.

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Eddie James King was tried by a Morgan County jury and found guilty of one count of possession of cocaine with intent to distribute1 and one count of possession of cocaine with intent to distribute within 1,000 feet of a public park.2 He now appeals from the denial of his motion for a new trial arguing that the evidence is insufficient to sustain his conviction. King further contends that that the trial court erred in failing to grant his motion to disclose the identity of a confidential informant used to make a drug buy at King’s residence and that he received ineffective assistance of counsel. We find no error and affirm.

“On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict.” Citation omitted. Marriott v. State, 320 Ga. App. 58 739 SE2d 68 2013. So viewed, the record shows that in approximately March 2008, the Morgan County Sheriff’s office received information that King was selling drugs out of his home in Madison. After learning that King was living alone, was unemployed, and was without any known means of support, agents with the sheriff’s office and the Ocmulgee Drug Task Force began surveillance of King’s residence, and on April 1, 2008, law enforcement sent a confidential informant “CI” to make a controlled buy of cocaine at King’s house. The person who sold the cocaine to the CI, however, was not King, but a man the CI identified only as “Black.” According to police, “Black” was later identified as King’s nephew, Lamar Jonigans.

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