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Jones v. State

The defendant sold crack cocaine to an undercover officer in exchange for $50 and a warrant search of the house where he was staying produced cocaine in a bedroom and underneath a cement block behind a shed in the backyard.

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A Gwinnett County jury convicted Timothy Jones of sale of cocaine on March 9, 1999, and possession of cocaine with intent to distribute on March 22, 1999. OCGA § 16-13-30 b. On appeal from the denial of his motion for new trial, he contends the trial court erred in admitting similar transaction evidence, denying his motion for a directed verdict based upon equal access, denying his motion to suppress certain evidence, and denying his motion to sever. He also claims ineffective assistance of counsel, excessively severe sentences, and insufficiency of the evidence. For the following reasons, we affirm.

Viewed in the light most favorable to the verdict,1 the record shows that, on March 9, 1999, a police officer conducted a controlled buy at a Gwinnett County house using a confidential informant “C. I.”. The C. I. drove to the house with an undercover officer as a passenger. When they arrived at the house, Jones was on the front porch. The informant walked up to the porch and talked to Jones. When the C. I. asked for crack cocaine, Jones told her to drive a short way to the end of the cul-de-sac. Jones went into the house and then walked to the car. He gave the officer and C. I. several rocks of crack cocaine in exchange for $50. Jones told them to be careful because it’s “hot around here.”

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