Collins v. State

Evidence that the defendant asked an undercover officer for a $10 bag of tree, pulled out his wallet and admitted that he drove to that area to purchase marijuana, supported his conviction for attempted marijuana possession.

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After a bench trial before the Grady County Superior Court, Braxton Lee Collins was found guilty of attempting to possess marijuana.1 On appeal, Collins contends that the evidence was insufficient to support his conviction. For the reasons that follow, we affirm. “Upon a finding of guilt following a bench trial, the presumption of innocence no longer applies, and the appellate court construes the evidence in favor of the judge’s determination of Collins’s guilt. The appellate court does not weigh the evidence or determine witness credibility, but merely determines the sufficiency of the evidence.”2

So viewed, the evidence shows that on October 18, 2002, officers were conducting an undercover investigation in an area of Grady County known for previous drug activity by posing as drug dealers loitering in front of a residence. At approximately 5:00 p.m., a vehicle driven by Collins pulled up near the house; the officers approached Collins, who remained in the vehicle, and he asked them for a $10 bag of “tree,” which is slang for marijuana. One officer handed Collins a bag of oregano, which the officers were using in place of marijuana, but Collins smelled it and handed it back to the officer, saying “I don’t want that one . . . give me another one.” The officer gave Collins another bag containing oregano, and the officer testified that Collins pulled his wallet out of his left pocket, at which point a team of “takedown” officers came up to the vehicle and apprehended Collins. After being read his rights, Collins was questioned, and he admitted that he drove to that area of town in order to buy marijuana.

Collins v. State

Evidence that the defendant asked an undercover officer for a $10 bag of tree, pulled out his wallet and admitted that he drove to that area to purchase marijuana, supported his conviction for attempted marijuana possession.

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