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Dodd v. State

The trial court's jury charge on similar transaction evidence constituted reversible error because it improperly expanded the scope for which such might be considered to include "the crimes charged in the case now on trial".

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Following a jury trial, William Dodd appeals his conviction for possession of methamphetamine with the intent to distribute. He contends the evidence was insufficient to sustain his conviction and the State failed to prove venue beyond a reasonable doubt. He further contends the trial court’s charge on similar transaction was too broad and misstated the law and the trial court erred by admitting evidence of a similar transaction. Finally, Dodd contends his trial defense counsel was ineffective for failing to object to the court’s instruction on similar transactions. Because we find that the charge on similar transactions substantially expands the limited purposes for which similar transaction evidence can be used, we must reverse Dodd’s conviction.

1. Dodd alleges the evidence was insufficient to convict him of possession of methamphetamine with the intent to distribute because no direct evidence showed that Dodd intended to sell the methamphetamine found in the Gatorade cap seized in his car. Dodd contends the State had the burden of showing that the circumstantial evidence excluded every reasonable hypothesis except that of Dodd’s guilt of intending to distribute the methamphetamine, and it failed to carry this burden. See Driscoll v. State, 295 Ga. App. 5, 7 1 a 670 SE2d 824 2008.

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