Gerard Claude Celestin was convicted of trafficking in cocaine and was sentenced to twenty-five years in prison and five years on probation. On appeal, he contends that the trial court erred in denying his motion for new trial on several grounds, including ineffective assistance of counsel, the admission of illegally obtained evidence, and the erroneous admission of similar transaction evidence. Celestin also argues that the verdict contravened the weight of the evidence and that the trial court erred by failing to charge the jury on the lesser included offense of possession of cocaine with intent to distribute. Finding no reversible error, we affirm. 1. Celestin argues that the trial court erred by denying his motion for new trial because the verdict was strongly against the weight of the evidence.1 But this power rests with the trial court alone.2 This Court does not have the authority to grant a new trial when the evidence preponderates heavily against the verdict.3 Our review is limited to determining, as a matter of law, whether the record contains sufficient evidence to support the verdict.4 In so doing, we construe the evidence in the light most favorable to the verdict.5 We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient to find the defendant guilty beyond a reasonable doubt.6 “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld.”7
Properly viewed, the evidence reveals that on May 10, 2006, Larry Bracken, a narcotics investigator for the Richmond County Sheriff’s Office, was informed by a reliable confidential informant “CI”, who was a cooperating defendant in another case, that Celestin was in room 109 of the Best Value Inn in Augusta carrying a large amount of crack cocaine. Bracken proceeded to the motel around noon to try and locate Celestin. After conducting surveillance on the room, Bracken did not see Celestin. Bracken eventually walked past the room and smelled burning marijuana, so he asked the maintenance man, Ronnie Butler, to knock on the door. Celestin opened the door smoking a marijuana “blunt.” Bracken handcuffed Celestin and then “cleared” the room, checking for weapons and potential suspects. Bracken observed a box of baking powder and a digital scale on the counter outside the bathroom, next to the sink. Both items were introduced into evidence. At that point, Bracken stationed other investigators with Celestin and left in order to obtain a search warrant. Sergeant Mathue Phares remained in the room with Celestin and attested to the odor of smoked marijuana in the room. After securing the warrant, Bracken executed the search at 2:28 p. m. He discovered two bags of powder cocaine in a jacket; the bags weighed 55 grams and 14 grams, respectively. Bracken also seized $524 in cash and a suitcase containing Celestin’s belongings, including mail addressed to him. Bracken found a copy of a document showing that the room was registered to a man named Teion Simmons. The registry showed an Augusta address for Simmons, but Bracken was never able to locate him.
