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Allen v. State

The defendant admitted that he altered a prescription for narcotic pain medication.

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An Elbert County jury found Bobby Joe Allen guilty of possession of cocaine, OCGA § 16-13-31, possession of marijuana misdemeanor, OCGA § 16-13-2 b, and forgery in the second degree, OCGA § 16-9-2. Allen challenges the denial of his motion for new trial, contending he received ineffective assistance of trial counsel, that he was denied an evidentiary hearing on his request for a psychological evaluation, and that the evidence adduced was insufficient to support his forgery conviction. Finding no reversible error, we affirm. Viewed in the light most favorable to the verdict,1 the record reveals the following evidence. On July 25, 1997, a medical doctor treated Allen for back pain and wrote him a prescription for a ten-day supply of Lortab, a controlled narcotic available only by prescription. The doctor did not authorize any refills. A pharmacist testified that he filled the Lortab prescription for Allen, whom he identified as a regular customer. He also authenticated pharmacy business records, including the prescription, which memorialized the sale to Allen.

A few days after obtaining the prescription, Allen asked his doctor for more Lortab. Because Allen should not have exhausted his ten-day supply, the doctor refused. That same day, another patient told the doctor that Allen offered to sell her some of his Lortab. Concerned, the doctor called the pharmacy to check on Allen’s prescription, and, upon receiving a fax of it from the pharmacist, discovered that the prescription had been altered to provide for two refills. The doctor testified that he did not circle the “2″ on the refill line on the prescription form that Allen presented to the pharmacist. The doctor immediately called the police and an investigator with the Elbert County Sheriff’s Office obtained a warrant for Allen’s arrest.

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