Flemister v. State

Evidence that the defendant threw a total of 11.81 grams of marijuana packaged in individual green baggies out his car window supported his conviction for possession of marijuana with intent to distribute.

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A jury convicted Bobby Flemister of possession of cocaine, possession of marijuana with intent to distribute, and possession of a firearm during the commission of a crime. On appeal from the denial of his motion for new trial, Flemister contends that there was insufficient evidence to convict him of possession of marijuana with intent to distribute; that the trial court erred in admitting into evidence a statement he made to a police lieutenant before he was informed of his rights under Miranda v. Arizona, 384 U. S. 436 86 SC 1602, 16 LE2d 694 1966; and that the trial court erred in allowing hearsay testimony from the lieutenant linking him to a residence where drugs and drug paraphernalia had been found by the police. Flemister also argues that his trial counsel rendered ineffective assistance in several respects. For the reasons set forth below, we affirm.

Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to the jury’s verdict. See Jackson v. State, 314 Ga. App. 272 724 SE2d 9 2012. So viewed, the evidence showed that on November 16, 2002, special agents with the Griffin-Spalding County Narcotics Task Force executed a search warrant at a residence where they suspected that drugs were being sold. As part of the surveillance conducted before the search, agents had observed Flemister’s car outside the house on several occasions, and they believed that he lived there. In preparing for execution of the warrant, the police lieutenant who led the task force briefed the other agents about the suspected drug activity at the house and about Flemister and his car.

Flemister v. State

Evidence that the defendant threw a total of 11.81 grams of marijuana packaged in individual green baggies out his car window supported his conviction for possession of marijuana with intent to distribute.

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