Griffin v. State

The officer, who apprehended two juveniles after the purchased cigarettes from the defendant, was entitled to testify as to his opinion of their ages, based on his personal observations of their characteristics.

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Davis Griffin appeals his conviction on two counts of selling cigarettes to a minor, a misdemeanor. Finding no error, we affirm. Viewed in the light most favorable to the jury’s verdict,1 the evidence adduced at trial shows that Griffin manages a game room that is located in a shopping center in Dalton. The game room has a concession stand, where food and cigarettes are sold. On November 28, 2005, City of Dalton police officer Tommy Ensley conducted surveillance of the shopping center from inside a store across the street. Ensley testified that, using binoculars, he watched two juveniles enter the game room. According to Ensley, the juveniles appeared to be ten and fifteen years old, respectively. Ensley testified that he saw the juveniles approach Griffin; that the older juvenile handed Griffin something; that Griffin walked behind a counter, walked back out, and handed an object to the same juvenile; that both juveniles then walked out the front door; and that the older juvenile handed the object that Griffin had given him to the younger juvenile, who stuck it in his right front pocket. Ensley could not identify the object. Ensley relayed the information to a nearby officer in a patrol car, Jamie Johnson. The juveniles saw the patrol car and took off running. Ensley testified that he confronted Griffin, who initially denied selling cigarettes to the juveniles. However, when Ensley told Griffin that he watched him through binoculars, Griffin admitted it and apologized.

Johnson apprehended the juveniles. Johnson testified that he found the cigarettes in the right front pocket of the pants worn by the younger juvenile.

Griffin v. State

The officer, who apprehended two juveniles after the purchased cigarettes from the defendant, was entitled to testify as to his opinion of their ages, based on his personal observations of their characteristics.

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