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Whitaker v. State

The defendant knowingly, voluntarily and intelligently waived his right to a jury trial after discussing the pros and cons with his trial counsel.

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Richard Alexander Whitaker appeals from the trial court’s denial of his motion for new trial following his conviction by bench trial. He challenges the sufficiency of the evidence of his possession of methamphetamine with intent to distribute1 and alleges that he did not knowingly and intelligently waive his right to a trial by jury. 1. We consider first the sufficiency of the evidence. On appeal from a criminal conviction, we view the evidence in the light most favorable to the conclusions of the trier of fact, and the defendant no longer enjoys the presumption of innocence. 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. Martinez v. State , 278 Ga. App. 500 629 SE2d 485 2006 citations omitted.

So viewed, the evidence was that, on February 23, 2004, Gwinnett County Officer Marion received information that a male possessing methamphetamine would be at the Admiral Benbow Inn at the Lawrenceville-Suwanee exit near I-85. The information was that the man would be armed with a firearm and would be driving a white Chrysler with a blue top and license plate number WI120FI. Marion, in an unmarked police car, went to the motel and observed a man later identified as Whitaker and another man, later identified as Alton, get into the Chrysler, with Whitaker driving. Marion followed the Chrysler and observed that Whitaker made at least two turns without using a signal. Marion then had Officer Hurst, in a marked police car, stop the Chrysler.

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