A jury found Justin Thomas Wilson guilty of trafficking in marijuana OCGA § 16-13-31 c, possession of marijuana with intent to distribute OCGA § 16-13-30 b, and possession of marijuana OCGA § 16-13-30 a. Wilson appeals, contending that i the trial court erred in denying his motion to suppress evidence; ii the evidence was insufficient to sustain his trafficking in marijuana conviction since the State failed to prove that he had knowledge that the amount of marijuana in his possession met or exceeded the requisite for trafficking; iii the trial court erred in charging the jury that his knowledge of the quantity of marijuana was not an element of the trafficking offense; and iv his trial counsel rendered ineffective assistance to the extent that he failed to object to the trial court’s erroneous jury charge. Discerning no error, we affirm. The record shows that Wilson was jointly indicted with his co-defendants, Daniel Park and Jose David Salinas, Jr., for the drug offenses. Both Park and Wilson were convicted during separate jury trials. In Park v. State , 308 Ga. App. 648 708 SE2d 614 2011, we affirmed Park’s conviction. The evidence adduced during Wilson’s trial was essentially the same as that presented at the trial of co-defendant Park. Viewed in the light most favorable to the jury’s verdict, Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, the trial evidence showed as follows: On April 4, 2008, a suspicious package addressed to Wilson’s residence in Hall County was misdirected to Wilson’s neighbor. The package was a medium-sized box bearing the name “Abby.” After retrieving the package, the neighbor noticed that the package was . . . “soggy” and “had a funny smell to it.” . . . The neighbor took the package to her father for his inspection. When her father opened the package, they observed a grass-like substance wrapped in plastic. They suspected that the substance was marijuana and called the police. The responding officers took custody of the package and launched an investigation. The investigating detective identified the substance in the package as marijuana based upon his training and experience. Subsequent testing of the substance further confirmed that it was marijuana, weighing 12.46 pounds. On the same afternoon that the package was received, the officers arranged a controlled delivery to the address that was listed on the package. An investigator, disguised as a postal carrier, made the delivery, while other undercover officers provided backup and surveillance nearby. When the investigator knocked on the door to the residence, . . . Wilson answered. The investigator asked Wilson if “Abby” was present. Wilson responded, “no, but they were expecting the package and he would accept delivery of it.” Wilson signed the delivery form, using a fictitious name, and took possession of the package containing the drug contraband. When Wilson attempted to take the package inside the residence, the investigator gave the takedown signal to the other agents and secured the package from Wilson’s possession. Wilson was placed on the ground and was detained in handcuffs. Through the open door of the residence, the officers observed the presence of four adult occupants. The officers entered the residence, performed a protective sweep, and secured all of the occupants. During the protective sweep, the officers observed a marijuana grinder, marijuana stems, and plastic baggies in plain view on a table in the bedroom identified as belonging to Wilson’s roommate, Park. Following the protective sweep, the officers requested and received Wilson’s consent to search the common areas of the residence. During the search, the officers discovered marijuana in a baggie located in a bathroom and additional baggies containing marijuana residue in the kitchen. After Wilson was arrested, he was advised of his rights under Miranda.1 Wilson agreed to cooperate with the investigation and informed the officers that his roommate, Park, had advised him that the package of marijuana would be shipped to the residence and that the package was for Park’s friend, David Salinas. Punctuation omitted. Park , supra, 308 Ga. App. at 648-649.
Wilson, Park, and Salinas were arrested and jointly indicted for multiple drug offenses. Wilson filed a pretrial motion to suppress the evidence, contending that the officers’ warrantless entry and search of the residence were unauthorized and that his consent to the search was involuntary. Following a hearing, the trial court denied Wilson’s motion, finding that the warrantless entry and search were authorized based upon exigent circumstances and, alternatively, based upon Wilson’s consent.
