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Smith v. State

The total amount of the cocaine, combined with the investigator's observation of traffic to and from defendant's trailer and hand to hand exchanges, indicated that the defendant was distributing the cocaine, not holding it for personal use.

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Shawndell Antwon Smith appeals from the denial of his motion for new trial following his conviction by a jury of possession of cocaine with intent to distribute OCGA § 16-13-30 b, possession of cocaine with intent to distribute within 1,000 feet of a housing project OCGA § 16-13-32.5 b, and possession of cocaine with intent to distribute within 1,000 feet of a public school OCGA § 16-13-32.4 a. 1. We first consider Smith’s second enumeration of error, challenging the sufficiency of the evidence regarding intent to distribute.

On appeal from a criminal conviction, we view the evidence in a light favorable to the verdict, and Smith no longer enjoys a presumption of innocence. See McGee v. State , 287 Ga. App. 460 651 SE2d 546 2007. We neither weigh the evidence nor resolve issues of witness credibility, but determine only whether the evidence was sufficient to allow a rational trier of fact to find the accused guilty beyond a reasonable doubt. See id.

 
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