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Neugent v. State

The record belied the defendant's contention that the trial court erred in denying his motion for a new trial on the basis that he suffers from a hearing impairment, which prevented him from understanding the testimony of the trial witnesses.

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A Chatham County jury found Jeffrey Neugent guilty of possession of cocaine with intent to distribute, and the trial court denied his motion for new trial. On appeal, Neugent argues that there was insufficient evidence to prove beyond a reasonable doubt that the cocaine belonged to him rather than another individual present at the scene. Neugent further argues that his due process rights were violated because he suffers from a hearing impairment that prevented him from comprehending the witness testimony presented at trial. For the reasons discussed below, we affirm. 1. Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant is no longer presumed innocent. Curtis v. State , 282 Ga. App. 322 638 SE2d 773 2006. “We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.” Citation omitted. Id. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

So viewed, the evidence reflects that on June 21, 2005, at approximately 9:45 p. m., agents with the Chatham-Savannah Counter Narcotics Team “CNT” executed a search warrant at Neugent’s trailer home in Chatham County. The warrant authorized the agents to search the home and certain named individuals present at the home, including Neugent, for illegal narcotics.

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