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Watkins v. State

The trial court's helpful comment to the state, outside of the jury's presence, that it needed to recall the arresting officer to elicit testimony regarding the circumstances of defendant's arrest, did not indicate any lack of fairness since the arresting officer had not yet been excused.

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Following a jury trial, James Watkins was convicted of possession of cocaine with intent to distribute. On appeal he asserts several enumerations of error, including insufficiency of the evidence to sustain his conviction, the trial court allowing the State to recall a witness, and the judge’s failure to recuse himself due to alleged bias. We discern no error and affirm.

Viewed in the light most favorable to the verdict, the evidence reveals that an undercover police officer was monitoring suspected drug activity at a gas station in an area known for its high amount of drug activity. The officer observed two men approach two others standing at the corner of the station. The men who approached spoke with the other two men for a few moments, and then quickly walked away. The two men who had been standing at the corner then looked around the gas station and crossed the street, moving towards the undercover officer’s car. As they approached the car, they pulled sweater hoods over their heads. The undercover officer rolled down his window and told the men that he was waiting for someone, and the two men walked away.

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