Heller v. State

The state proved that the defendant possessed drugs seized from his house and car.

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Undray Heller appeals following his conviction of possession of cocaine and misdemeanor possession of marijuana. He enumerates several errors including the failure to grant his motion for a directed verdict of acquittal. 1. On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses. Brown v. State, 265 Ga. App. 613 594 SE2d 770 2004. To sustain a conviction, the evidence must be sufficient to enable a rational trier of fact to find the appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

Construed in a light most favorable to the verdict, the evidence shows that on January 8, 2003, Special Agent Michael Evans of the Altamaha Drug Task Force, accompanied by officers of the Hazlehurst Police Department of Jeff Davis County, served a search warrant at the residence of Undray and Vernessa Heller. When the officers arrived, Mr. Heller was in the yard and he was placed in custody. Inside, officers found Ms. Heller sitting at a computer in the kitchen area, and they asked her to wait outside while they searched the property. During the search, Agent Evans discovered a “green and leafy” substance later identified as marijuana in the master bedroom, the kitchen, the living room, and in a shed behind the house. Evans also discovered a “white solid material” later identified as cocaine beside the computer in the kitchen and atop a brick column in the carport. He also found a substance later identified as cocaine in a car described in the search warrant that was parked on the street outside the Hellers’ fence. No drugs were found on either Mr. or Mrs. Heller.

Heller v. State

The state proved that the defendant possessed drugs seized from his house and car.

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