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Casey v. State

Evidence that a wired correctional officer assisting in undercover drug buys purchased cocaine from the defendant supported his cocaine sale conviction.

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A Lowndes County jury found Clarence Casey guilty of selling cocaine in violation of the Georgia Controlled Substances Act.1 Casey appeals, challenging the sufficiency of the evidence with regard to the conviction. For the following reasons, we affirm. When reviewing an appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.2 “We do not weigh the evidence or determine witness credibilty, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.”3

So viewed, the evidence adduced at trial shows that a correctional officer assisting in undercover drug buys identified Casey as the individual from whom he had purchased $20 worth of cocaine on October 13, 2005. The officer was wired for sound and video during the transaction, and he was searched prior to and after conducting the transaction by other officers overseeing the investigation. The officer did not have any money during the transaction besides the $20 given to him by the supervising officers, and he returned from the transaction with the cocaine and without the money. The officer initially testified that Casey retrieved the cocaine from his “right pocket” and then agreed with the prosecutor, who asked whether that meant “his front pocket.” However, upon watching the video of the transaction, the officer clarified that Casey retrieved the cocaine from “the cargo pocket on the front right.”

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