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Warren v. State

An officer found nearly 500 grams of 48.5 percent pure cocaine under a back seat cushion of the defendant's car during a valid traffic stop.

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Jimmie Lee Warren, Jr. was jointly tried with two co-defendants on a charge of trafficking in cocaine. After a jury trial, Warren was convicted of that offense. As detailed below, we find the evidence sufficient to support Warren’s conviction. We find no abuse of discretion in the trial court’s denial of Warren’s motions for mistrial, which he based on assertions that the state had made improper arguments and comments concerning his character. Finally, we find no error in the trial court’s denial of Warren’s motion to suppress cocaine found in his car. Accordingly, we affirm. 1. A person commits the offense of trafficking in cocaine when, inter alia, he or she is “knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine.” OCGA § 16-13-31 a 1. Warren contends that the court erred in denying his motion for directed verdict and that the evidence was insufficient to support his conviction for this offense because there was no evidence to show that he was knowingly in possession of cocaine found in his car.

Under Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, when an appellant challenges the sufficiency of the evidence to support the conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Emphasis in original. Id. at 319 III B. The denial of a motion for a directed verdict of acquittal is also reviewed under this standard. Slaughter v. State , 289 Ga. 790, 792-793 2 716 SE2d 180 2011.

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