Chambers v. State

The defendant was entitled to a directed verdict on a marijuana possession charge where the officers testified that no chemical testing was performed on the suspected marijuana and the forensic chemist testified that she was unable to identify marijuana without testing.

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Bruce Chambers was tried and convicted of possession of marijuana and possession of cocaine with intent to distribute. He appeals, raising two enumerations of error. Because we conclude that there was insufficient evidence establishing that the substance that Chambers possessed was marijuana, we reverse his conviction on that count. We affirm the conviction for possession of cocaine with intent to distribute. Viewing the evidence in the light most favorable to the verdict, it showed that on May 6, 1999, several officers from the Athens-Clark County Police Department executed a search warrant at the residence of Michael Cleveland. Defendant Chambers did not live at the residence. The officers used a battering ram to open the door, entered the residence, identified themselves as police officers and said that they had a search warrant.

When the officers came into the residence, Chambers had his back to the door. Both Officer Graham and Officer Fitzgerald testified that as they entered the room, they saw a cigar in Chambers’ mouth fall to the floor. Both officers testified that the cigarette was a “blunt —” a cigarette with the tobacco removed and replaced with marijuana. As Graham moved closer to Chambers, Chambers’ hand dropped down and a plastic bag with suspected cocaine rocks fell from his hand; the bag hit the coffee table and then landed on the floor. Graham testified that he clearly saw the bag drop from Chambers’ hand. Fitzgerald also recalled seeing the bag drop from Chambers’ hand. After Chambers dropped the bag, it was about a foot away from the blunt.

Chambers v. State

The defendant was entitled to a directed verdict on a marijuana possession charge where the officers testified that no chemical testing was performed on the suspected marijuana and the forensic chemist testified that she was unable to identify marijuana without testing.

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