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Chandler v. State

The trial court's communication with the jury had no effect on the verdict.

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Anthony Chandler appeals his conviction for violating the Georgia Controlled Substances Act by possessing and selling cocaine. Chandler contends that his conviction must be overturned because 1 the trial court communicated with the jury without him or his counsel present; and 2 counsel was ineffective for failing to object to this communication. The trial court denied Chandler’s motion for a new trial, and we affirm. On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict.1 Here, Chandler admitted at trial that he sold cocaine to an undercover police officer. His only defense was entrapment, based on the fact that the officer to whom he sold the cocaine asked him for the drug.2

The officer testified that while working undercover, he drove his vehicle into the parking lot of a gas station in a known drug trafficking area. Chandler approached the officer and asked the officer what he needed. The officer asked for $20 worth of crack cocaine. Chandler said he could get the cocaine, and directed the officer to a nearby laundromat. When the officer arrived, Chandler told the officer that he “would be right back with the dope” and then went behind the laundromat. After a few minutes, Chandler returned, saying “the dope is on the way.” A woman the officer recognized as Racine Kilgore then approached Chandler and gave him cocaine. The officer gave Chandler $10, and Chandler gave him the cocaine. The undercover officer left, and Chandler and Kilgore were subsequently arrested. The case against Chandler went to trial on December 16, 2003.

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