Ray v. State

The trial court did not abuse its discretion in admitting evidence of crack cocaine officer found on the defendant incident to his arrest, despite lack of testimony regarding who transported the sealed evidence bag from the police locker in Macon to the GBI laboratory in Columbus, since no evidence showed tampering.

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Following a bench trial, the trial court found Cecil Ray guilty of: 1 possessing cocaine with intent to distribute; 2 possessing a firearm during the commission of a crime; 3 giving a false name; 4 obstruction; 5 making a false statement or writing; 6 fleeing or attempting to elude; 7 driving without insurance; 8 operating a vehicle without a current registration decal; 9 improper use of a turn lane; and 10 failure to maintain lane.1 Ray appeals, challenging the sufficiency of the evidence. He also contends that the trial court erred by interjecting itself in plea negotiations, permitting a law enforcement officer to testify as an expert, and admitting evidence over a chain of custody objection. Finally, he contends that he received ineffective assistance of counsel. As we find that Ray’s claims of error lack merit, we affirm. 1. On appeal from his criminal convictions, Ray no longer enjoys a presumption of innocence.2 Rather, we view the evidence in a light favorable to support the verdict, and we neither weigh the evidence nor determine witness credibility.3 We will uphold the verdict so long as any rational trier of fact could have found the essential elements of the crimes charged beyond a reasonable doubt.4

Viewed in this light, the evidence shows that in the early morning hours of July 10, 2004, Officer Gregory Martin of the Warner Robins Police Department was traveling eastbound on Watson Boulevard when he saw an SUV exit a parking lot and cross two lanes of traffic, swerving momentarily into a turn lane, before returning to the inside lane. Martin pulled behind the vehicle to see if the erratic driving continued, and the SUV again moved into the center turn lane, traveling eastbound. When the vehicle turned northbound, Martin turned on his lights and siren to stop the SUV, but the driver failed to stop. The vehicle turned again before suddenly stopping, and the driver exited the vehicle and fled on foot.

Ray v. State

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