Paul Henry Truelove was charged with trafficking in methamphetamine by possessing more than 28 grams, possession of methamphetamine with intent to distribute, simple possession of a quantity of methamphetamine “separate and distinct from the quantity alleged in counts one and two,” and driving with a suspended license. At the close of the State’s case, Truelove moved for a directed verdict, in part because the methamphetamine offered in support of Count 1 amounted to only 27.6 grams. The trial court then allowed the State, over objection, to nolle prosequi Counts 2 and 3 and to proceed on Count 1 by combining the 27.65 grams with the separate quantity of methamphetamine that had been introduced in support of Count 3. The jury convicted Truelove on Count 1 and on Count 4 driving with a suspended license. Truelove appeals. Construed in favor of the verdict, the evidence shows that Teressa Stansell was arrested for drug possession and that, as a result, she was asked to assist the Multi-Agency Narcotics Squad in making a controlled drug purchase. At Agent Jeremy Grindle’s request, Stansell made telephone calls to several people before eventually calling a friend named Tom Cobb who lived in Cumming. She made an arrangement to have at least an ounce of methamphetamine delivered to her location in Hall County. Stansell did not expect Cobb himself to make the delivery; rather she knew that Truelove was going to do it, and she called Truelove at least twice to ask him where he was and when to expect him, and to see what kind of vehicle he would be driving. Nevertheless, Stansell testified that she never discussed drugs with Truelove. But she did not give him any other reason for wanting him to come to Hall County. Agent Grindle witnessed Stansell make the calls.
Using information provided by Stansell, Grindle asked other officers to assist and told them what kind of make and model truck to expect, as well as the direction of travel and approximate time. But Stansell apparently identified the truck as it passed by her and Grindle’s location at the Forsyth/Hall County line. And Grindle testified that the location was then changed to a certain grocery store because the other officers were not quite in position when the truck was first sighted. Stansell then called Truelove and gave him a false story about why she was at a different location than originally planned, but she testified that she did so because she did not want him to think that he was being set up. The other officers stopped Truelove at the grocery store. They notice that Truelove’s brake lights were out.
