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Goldsby v. State

Defendants' convictions for methamphetamine manufacturing and methamphetamine trafficking merged for sentencing purposes, since both arose from a single quantity of methamphetamine found in a cooler at the crime scene.

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An Oconee County jury convicted John and Richard Goldsby of manufacturing methamphetamine, trafficking in methamphetamine, conspiracy to manufacture methamphetamine, and conspiracy to traffic in methamphetamine. On appeal, both assert multiple enumerations of error. For the reasons that follow, we affirm their convictions, but vacate their sentences and remand to the trial court for resentencing. On appeal, we view the evidence in a light most favorable to the jury’s verdict, and the defendant no longer enjoys a presumption of innocence.1 “We do not weigh the evidence or decide the witnesses’ credibility, but only determine if the evidence is sufficient to sustain the convictions.”2 Viewed in this light, the evidence shows that brothers John and Richard Goldsby were in Athens, Georgia on the evening of Friday, October 11, 2002. John and Richard met Sammy Cronan and Cherie Lackey at the Howard Johnson motel in Athens. Cronan testified that he had known John and Richard for about five years and that John had taught him how to make methamphetamine. Prior to meeting in Athens, the three men discussed making methamphetamine.

According to Cronan, while at the motel, he, John and Richard did some of the preparatory work necessary to make methamphetamine. They peeled lithium batteries and crushed ephedrine pills.

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