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Able v. State

The trial court harmfully erred in giving jury charges on mere association and mere presence, which misstated the law and directly conflicted with other closely related given instructions.

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A Hall County jury found Marvin Able guilty beyond a reasonable doubt of possession of marijuana with intent to distribute, OCGA § 16-13-30 j 1, and possession of marijuana, OCGA § 16-13-30 j 1. Following the denial of his motion for new trial,1 Able appeals, contending that the evidence was insufficient to support his conviction for possession with intent to distribute, that the trial court erred in charging the jury, and that he received ineffective assistance of counsel. Because we find harmful errors in the trial court’s jury charge, we reverse Able’s convictions. However, because the evidence was sufficient to support Able’s convictions, he may be retried.2 1. Able argues that there was insufficient evidence to support his conviction for possession of marijuana with intent to distribute.

When a criminal defendant challenges the sufficiency of the evidence supporting his or her 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.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. It is the function of the jury, not this Court, to resolve conflicts in the testimony, weigh the evidence, and draw reasonable inferences from the evidence. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

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