Green v. State

Officers, who chased a van, which was spotted stopped on the street straddling a yellow line, saw the defendant get out of the vehicle and, when they stopped him, they recovered three baggies containing approximately 80 grams of crack cocaine nearby.

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A jury found Gerald Green guilty of trafficking in cocaine and possession of drug-related objects. Green filed a motion for new trial, which the court granted as to a misdemeanor offense, but denied on all other grounds relevant to the conviction appealed. Green now appeals to this Court, alleging the evidence was insufficient to support the verdict of guilty of trafficking in cocaine. We find no error and affirm Green’s conviction. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence.1 We do not weigh the evidence or resolve credibility issues, but merely determine whether the jury was authorized to find the defendant guilty beyond a reasonable doubt.2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3

So viewed, the evidence shows that Columbus Police Officers Dean Spata and Jeremiah Kring were on patrol in separate marked patrol cars when they passed a van stopped in the roadway, straddling the yellow line. Spata, who was in the lead patrol car, turned his vehicle around to approach the van from behind. However, the van drove away at a high rate of speed, and the officer pursued it. After turning onto another street, the van slowed briefly. Green, the front seat passenger, got out of the van in a grassy area near a small green utility box. The van then sped away. Spata radioed Kring, who was close behind him, to stop and detain Green. Spata then proceeded to stop the van

Green v. State

Officers, who chased a van, which was spotted stopped on the street straddling a yellow line, saw the defendant get out of the vehicle and, when they stopped him, they recovered three baggies containing approximately 80 grams of crack cocaine nearby.

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