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Molina v. State

The defendant conducted several drug transactions with an undercover agent, offered to sell the agent a vehicle with a hidden compartment to hide contraband and admitted that he transferred contraband from North Carolina.

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A jury found Omar Arrizon Molina guilty of trafficking in methamphetamine and trafficking in cocaine. Following the denial of his motion for new trial, Molina appeals, challenging only the sufficiency of the evidence. We find the evidence sufficient and affirm. On appeal from a criminal conviction, we construe the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. Short v. State , 234 Ga. App. 633, 634 10 507 SE2d 514 1998. We do not weigh the evidence or determine witness credibility, but only determine the sufficiency of the evidence under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Id.

So viewed, the evidence showed that an undercover agent with the Haralson/Paulding Drug Task Force purchased two ounces of methamphetamine from Molina on two occasions and one-half pound of methamphetamine on a third occasion beginning in October 2006. Molina admitted that the one-half pound of methamphetamine he sold to the agent was “short,” agreed to give him an additional ounce, and arranged to meet the agent at a gas station. When the undercover agent met with Molina to get the additional ounce, Molina, “fooled around with the hood area of the vehicle” he was driving, and “shortly thereafter, the agent got the ounce of methamphetamine that was due.” At some point, Molina offered to sell the undercover agent a vehicle that had a hidden compartment to conceal drugs for transport, and also gave the agent instructions on how to transport contraband.

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