Willie Otis Quarterman, Jr., was convicted of selling cocaine1 and selling cocaine within 1,000 feet of a housing project.2 He appeals, arguing that the evidence was insufficient and that the trial court erred 1 by allowing the State to recall a witness after the State had rested and 2 in charging the jury. For reasons that follow, we affirm Quarterman’s conviction for selling cocaine and reverse his conviction for selling cocaine within 1,000 feet of a housing project. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia 3 and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict.4 So viewed, the evidence shows that on March 8, 2007, Tift County Sheriff’s Deputy Owen Rocky Carter, Jr., who was assigned to a narcotics task force, went to the Sunset Homes apartment complex to make an undercover narcotics purchase. Deputy Carter, who was in an unmarked vehicle that was equipped with audio and video surveillance equipment, initially approached a group of men and asked them if they had any “hard,” or crack cocaine, but the men told him to “go on.” Carter then observed a group of several men and one woman standing near an apartment building. He approached the woman, who asked Carter “who he was looking for,” and he told her that he had unsuccessfully tried to buy “some stuff” from the previous men. The woman then asked Carter what he wanted, and he replied that he was looking for “some hard.” The woman then yelled to a group of men, telling them that Carter “was looking for ’40 of hard.’ ” The woman then walked away, and Quarterman approached Carter’s vehicle. Quarterman pulled a plastic bag out of his pocket, unwrapped it, and displayed crack cocaine to Deputy Carter. Carter explained that the other men were not willing to sell him any drugs and asked Quarterman if he was always present at that particular location, and Quarterman responded affirmatively. Carter then told Quarterman that he wanted a “ 40,” but Quarterman explained that he only had $30 worth of crack cocaine, which he then sold to the officer.5 Deputy Carter left the scene and turned over the cocaine and the DVD of the sale to other members of the task force, and they arrested Quarterman several weeks later. While the police were questioning Quarterman at the police station, Carter entered the room, and Quarterman told him that “I remember this well. I told you when I when you got up to me that I didn’t have but 30. I ain’t going to lie.” The police also showed Quarterman a still shot from the CD depicting the drug sale, and Quarterman told the police that “it was him.”
1. a Quarterman argues that the State failed to present sufficient evidence to show that the cocaine sale took place within 1,000 feet of a housing project.
