Zinnamon v. State

Defendant has $300 in marked bills on his person shortly after a controlled buy involving his front seat passenger.

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Richard Zinnamon was indicted on charges of selling cocaine, possessing marijuana, and making a false statement.1 He was found guilty by a jury of selling cocaine and making a false statement. Following dismissal of Zinnamon’s original appeal to this court and the trial court’s entry of an order granting Zinnamon an out-of-time appeal, Zinnamon appeals from the judgment of conviction and sentence entered on the jury’s verdict. Zinnamon raises the general grounds, contends that trial counsel was ineffective, and asserts that the trial court erred in its jury charge. We find no merit in any of Zinnamon’s contentions, and we affirm the judgment. 1. Zinnamon contends the evidence was insufficient to support his guilt beyond a reasonable doubt.2 We do not agree.

The record shows that a special agent with the Altamaha Drug Task Force was working an undercover drug operation making controlled buys of illegal drugs. On this particular day she was accompanied by Billy Burke, a cocaine addict introduced to her by a confidential informant. Burke was not aware the agent was anything but a crack addict seeking to make a buy. The agent and Burke were riding around when they spotted a grey Camaro, which Burke apparently recognized. They pulled up parallel with the Camaro and the driver told them to follow him to a dirt road. When they arrived, the agent parked her car behind the Camaro and Burke exited with $300 given to him by the agent, which the agent had photocopied before she started working that day. Burke began approaching the driver’s side of the Camaro, but a passenger motioned him to the passenger side. After a discussion, Burke returned “with a handful of crack cocaine,” which he had purchased with the $300. The agent then left the scene, taking Burke back to the location where the confidential informant was waiting. She placed the cocaine in a plastic ziplock bag, and it remained in the agent’s car until it was locked in the Task Force’s evidence room. The evidence tested positive for cocaine.

Zinnamon v. State

Defendant has $300 in marked bills on his person shortly after a controlled buy involving his front seat passenger.

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