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Robinson v. State

The evidence established much more than defendant's mere presence with regard to five videotaped sales of controlled substances within 1,000 feet of a school and a public housing project.

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William Robinson was tried and convicted on 15 counts of violating the Georgia Controlled Substance Act arising out of charges that he sold drugs five times in the vicinity of a school and a public housing project. He contends that the evidence was not sufficient to support the verdict and that the trial court erred by allowing introduction of certain evidence.

1. Construed in favor of the verdict, the evidence shows that Captain Kenny Poppell of the Wayne County Sheriff’s Office, who had been involved in undercover drug interdiction since 1992, received information that someone was dealing in drugs in an area known for drug activity. Poppell set up surveillance of the area with an 8mm high-resolution video camera, and he monitored the camera from about 9:30 a.m. till 5:30 p.m. The area was located within 1000 feet of an elementary school and 1000 feet of a public housing project.

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