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Enoch v. State

An undercover officer gave the defendant $20 in exchange for crack cocaine.

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A Colquitt County jury found Kenneth Enoch guilty beyond a reasonable doubt of sale of cocaine, OCGA § 16-13-30. Enoch appeals, challenging the sufficiency of the evidence. Finding no error, we affirm. On appeal, this Court reviews the evidence presented in the light most favorable to the prosecution, and the defendant no longer enjoys a presumption of innocence. Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Milton v. State , 272 Ga. App. 908, 909 614 SE2d 140 2005.

Viewed in the light most favorable to the prosecution, the record shows the following facts. On May 20, 2004, three drug enforcement officers went undercover to an area of Moultrie where there had been complaints of drug activities. The first group of people the officers solicited did not sell them cocaine. As the officers drove away from that group, Enoch approached their vehicle, waved them to continue down the street, and followed on foot. The officer who was driving the vehicle asked Enoch for a “twenty” of crack cocaine. Enoch responded that he had to go get it and asked for the money up front. The officer asked for something to hold as security for his money, and Enoch left his driver’s license. Enoch took the officer’s money, returned after about five minutes, delivered two pieces of crack cocaine, and retrieved his identification from the officers.

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