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Taylor v. State

Evidence that the defendant was in possession of 6.6 grams of marijuana, some of which was individually packaged in smaller amounts, supported his conviction for marijuana possession with intent to distribute.

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A jury found Shep Taylor guilty of possessing marijuana with the intent to distribute and attempting to tamper with evidence. Taylor appeals, challenging the sufficiency of the evidence. He also asserts that the trial court erred in sentencing him as a recidivist and in denying his motion for new trial based upon newly discovered evidence. Finding the evidence sufficient and no error, we affirm. 1. In considering Taylor’s contention that the evidence was insufficient, we view that evidence in a light most favorable to support the jury’s verdict.1 We do not weigh the evidence or assess witness credibility.2 Instead, we merely determine whether the evidence is sufficient to meet the standard set forth in Jackson v. Virginia .3

a Viewed in this manner, the evidence shows that when police executed a search warrant on the Playhouse Game Room in Evans County, Georgia, they found Taylor possessing a plastic sandwich bag containing 6.6 grams of marijuana. Some of the marijuana was packaged in three small ziploc bags, which an officer testified are “commonly referred to as dime bags.” The sandwich bag also contained seven more empty “dime bags.” Three officers with considerable narcotics experience testified that marijuana is typically packaged in this manner when it is intended for distribution. This evidence is sufficient to support Taylor’s conviction for possessing marijuana with the intent to distribute.4

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