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Bryant v. State

The evidence supported the defendant's conviction for possession of a cell phone as a tool for the commission of a crime.

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Following a jury trial, Michael Bryant was convicted of possession of cocaine OCGA § 16-3-30 a, two counts of possession of a tool for the commission of a crime OCGA § 16-7-20 a, riding a bicycle without a light OCGA § 40-6-296 a, and failure to surrender a license after suspension OCGA § 40-9-7 b. Bryant was granted an out-of-time appeal to challenge the denial of his motion for new trial. On appeal, Bryant contends that the trial court erred in denying his motion to suppress, and that the evidence was insufficient to support his conviction for possession of a cell phone as a tool for the commission of a crime. Bryant also challenges his conviction for possession of cocaine because the indictment listed the offense of possession of cocaine with intent to distribute under OCGA § 16-3-30 b, and further contends that his trial counsel provided ineffective assistance. Discerning no error, we affirm.

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 the evidence nor judge the credibility of witnesses.

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