X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Bulloch County jury found Johnny Lee Walker guilty of selling cocaine, OCGA § 16-13-30; and of selling cocaine within 1000 feet of a public housing project, OCGA § 16-13-32.5. Walker appeals from the denial of his motion for new trial, raising the general grounds and contending the trial court erred in denying his motion for a mistrial. 1. Walker challenges his convictions for selling cocaine and for selling it within 1000 feet of a housing project, contending he did not participate in any sale, but was merely present when the sale occurred. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 318-319 III B 99 SC 2781, 61 LE2d 560 1979. The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from basic facts to ultimate facts. Id. “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.” Citation and punctuation omitted. Miller v. State , 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record shows the following.

On December 28, 2005, an undercover officer with the Statesboro Police Department drove to Michael Street in Bulloch County, a known drug area, to buy cocaine. As the officer drove down Michael Street, Walker, who was sitting in a parked car, honked his horn at her. As the officer slowed to a stop, Walker got out of his car and asked her what she wanted. The officer asked for $40 worth of cocaine. Walker returned to his car and talked with a woman who was sitting inside. The woman got out of the car, walked over to the officer, and asked her for $40. The woman took the officer’s money, went into a nearby apartment complex, came back out, briefly spoke with Walker, and then gave the officer the cocaine. After delivering the cocaine, the woman walked back to Walker’s side. The entire transaction was recorded in color video with sound, and the State played the recording for the jury. The State also presented evidence that the sale occurred within 1000 feet of a low-income, public housing apartment complex. The evidence adduced was sufficient to support Walker’s convictions beyond a reasonable doubt as a party to the crime of selling cocaine and for selling it within 1000 feet of a public housing project. See Banks v. State , 270 Ga. App. 221, 222-223 3 606 SE2d 34 2004; see also OCGA § 16-13-30 sale of cocaine; OCGA §16-3-2.5 sale with 1000 feet of housing project; OCGA § 16-2-20 parties to a crime.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Mid sized NYC Personal Injury Defense Firm seeking to immediately hire several attorneys to join our firm. Preferred candidates are those w...


Apply Now ›

Mid-size Parsippany based law firm with a statewide practice is searching for a full-time motivated associate litigation attorney with 3-5 y...


Apply Now ›

Description: Fox Rothschild has an opening in Princeton, NJ for an associate in the Litigation Department. The ideal candidate will have tw...


Apply Now ›