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Scott v. State

Former O.C.G.A. § 16-13-31 subsection a 1's plain language dictated that the defendant's knowledge of the quantity or weight of the cocaine he possessed was an element of the crime of cocaine trafficking.

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This Court granted certiorari to the Court of Appeals in Scott v. State, Case No. A12A2293, decided March 11, 2013 not to be officially reported to consider whether former OCGA § 16-13-31 a 1, which set forth the elements of the felony offense of trafficking in cocaine, required proof that the defendant had knowledge of the weight of the drug. Finding that the Court of Appeals erred in concluding that proof of the knowledge of the weight or quantity of cocaine was not an element of the offense, we reverse and remand.

Kenneth Scott was convicted of trafficking in cocaine and related charges after he was found in possession of, inter alia, 37 individually wrapped packets of powder cocaine, a twist-tied package of cocaine, a “slab” of cocaine, crack cocaine packaged for resale, packages of marijuana, a mirror and a cutting tool, and several loaded handguns. The state crime laboratory determined that among the substances seized was 72.65 grams of a cocaine mixture registering 72.6 percent purity of cocaine.

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