Darville v. State

The defendant's conviction for conspiracy to violate the Georgia Controlled Substances Act was reversed, as the language in the indictment at issue could be read to charge individuals with conspiracy, who, under Georgia law, could not conspire with one another to violate the Act.

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Appellant Ryan Darville appeals from the denial of his motion for new trial following his conviction for the malice murder of Tommy Canavan and other related crimes.1 After reviewing the record, we reverse Darville’s conviction on the charge of conspiracy to violate Georgia’s Controlled Substances Act and affirm his convictions on the remaining counts. 1. Viewed in the light most favorable to the verdict, the jury was authorized to conclude that on the day of the crimes Allen Norris and Tommy Canavan purchased several ounces of marijuana with the intent to resell a portion of the drugs. Marco Bautista, a friend of both Norris and Darville, set up a meeting between the two men at a local bowling alley so Darville could purchase the drugs. Darville and Jermaine Spivey then met with Norris and Canavan at a Dalton apartment complex where they inspected the marijuana. After some discussion about price, Canavan told Darville the price was $400, and he could “take it or leave it.” Darville said he would “take it,” pulled a gun from his waistband, and fatally shot Canavan in the upper chest.

We conclude the evidence was sufficient to enable a rational trier of fact to find Darville guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LEd2d 560 1979. Contrary to Darville’s argument, the jury’s verdict on the charge of armed robbery is supported by the testimony of at least one witness who testified that Darville took the marijuana and ran away with it after shooting the victim. Although other witnesses testified differently, “it was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.” Citation and punctuation omitted. Vega v. State , 285 Ga. 32, 33 673 SE2d 223 2009.

Darville v. State

The defendant's conviction for conspiracy to violate the Georgia Controlled Substances Act was reversed, as the language in the indictment at issue could be read to charge individuals with conspiracy, who, under Georgia law, could not conspire with one another to violate the Act.

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