Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Phillips v. State

The trial court did not err in refusing to charge the jury on mistake of fact based on the defendant's out-of-court statement that he was at the house in question in connection with his flooring business because, even the defendant had visited the house to discuss flooring, the purpose of his visit did not excuse his subsequent participation in a drug transaction.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Gwinnett County jury found Samuel Lavern Phillips guilty of trafficking in more than 400 grams of cocaine. OCGA § 16-13-31 a 1 C. On appeal, Phillips contends that i the evidence was insufficient to support the jury’s verdict and ii the trial court erred in refusing to give his request to charge on mistake of fact. We find Phillips’s claims to be without merit and affirm. “On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict and Phillips no longer enjoys a presumption of innocence.” Citation, punctuation, and footnote omitted. Boring v. State , 303 Ga. App. 576, 577 1 694 SE2d 157 2010. So viewed, the evidence shows that a confidential informant told a Gwinnett County police investigator that a Hispanic male known as Eduardo was interested in purchasing between one-and-a-half and two kilograms of cocaine. Acting on this information, the police assigned an undercover officer to pose as a drug dealer in a reverse sting operation. The officer, wearing a body wire, went to Eduardo’s house with two kilograms of cocaine taken from the “drug safe” at police headquarters, and the informant introduced the officer to Eduardo.

There were several men sitting at the front of the house, and Eduardo called Phillips over from the group. Phillips asked if there was a problem, and after the officer responded that there was no problem, Phillips said “come on, lets do it.” Phillips and the officer went to the officer’s car where the officer showed Phillips the two kilos of cocaine. Phillips told the officer to bring the drugs to the house, and the officer agreed to bring one kilo inside.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs