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Talbot v. State

The Court remanded for a determination of whether trial counsel was ineffective for failing to communicate a plea offer to the defendant.

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Maurice Talbot appeals his conviction of possession of cocaine with intent to distribute for which he was sentenced to thirty years, ten to serve. He contends that the evidence was insufficient to support the verdict and that he received ineffective assistance of counsel. 1. Construed in favor of the verdict, the evidence shows that while Officer Brent Rollins was pursuing Talbot’s car for speeding and running a red light, he saw the driver throw a white substance out of the driver’s side window. Talbot eventually pulled over, and Rollins determined that Talbot was the only person in the car. Rollins was able to recover 10.8 grams of the white substance, and at trial Talbot stipulated that it was cocaine. An arresting officer recovered $400 from Talbot. Talbot testified that he had $4,400 at the time.

Talbot contends that there was insufficient evidence to support the intent to distribute aspect of the verdict. Mere possession of cocaine, without more, will not support a conviction for possession with intent to distribute. Wright v. State , 154 Ga. App. 400, 401-402 1 268 SE2d 378 1980. But additional evidence may support proof of intent to distribute, including “the packaging of the contraband, possession of certain amounts or denominations of currency, a prior possession with intent to distribute conviction, and expert testimony that the amount of contraband possessed was consistent with larger amounts usually held for sale rather than for personal use.” Citations and punctuation omitted. McNair v. State , 226 Ga. App. 516, 517 1 487 SE2d 100 1997.

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