X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Calvin Harold Dahlman was found guilty by a jury of manufacturing methamphetamine in violation of OCGA § 16-13-30 b and possession of substances with the intent to use them to manufacture methamphetamine in violation of OCGA § 16-13-30.5 a. He claims on appeal that the evidence was insufficient and that the trial court erred by refusing to merge the conviction for possession with intent to manufacture into the conviction for manufacturing. We find that the evidence was sufficient; that the convictions did not merge; and affirm. 1. Pursuant to a warrant, police searched the residence where Dahlman lived and found a clandestine laboratory for the manufacture of methamphetamine a meth lab. After being advised of his rights under Miranda v. Arizona , 384 U. S. 436 86 SC 1602, 16 LE2d 694 1966, Dahlman told police that all the evidence recovered from the rear bedroom of the residence belonged to him. Police officers experienced in identifying the components of a meth lab found various items and substances commonly used to manufacture methamphetamine in the rear bedroom and the adjacent bathroom. Dahlman testified and admitted that he used methamphetamine, but he denied that the rear bedroom or the bathroom was being used as a meth lab. Although Dahlman admitted that he owned the various items and substances identified as meth lab components, he claimed that he used them only for work he did around the residence. Evidence showed that some of the substances had been combined in containers, and a forensic chemist from the Georgia Bureau of Investigation Crime Lab testified that a liquid substance found in the residence tested positive for methamphetamine. The evidence was sufficient for the jury to find beyond a reasonable doubt that Dahlman was guilty of manufacturing methamphetamine in a meth lab at the residence, and was guilty of possessing substances with the intent to use them to manufacture methamphetamine. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

2. Dahlman contends that manufacturing methamphetamine in violation of OCGA § 16-13-30 b necessarily included possession of the substances used in the manufacturing process in violation of OCGA § 16-13-30.5 a 1, therefore both offenses arose from the same conduct and merged under the Fifth Amendment double jeopardy clause.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›

Our client, a multi-state full-service boutique, is seeking to add an insurance coverage associate or counsel to work closely with one of th...


Apply Now ›

Our client, an Atlanta-based and family-owned commercial construction services firm, has engaged us to identify an in-house attorney for the...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›