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Wise v. State

The original trial judge's sua sponte recusal based on his involvement in defendant's prior prosecution did not invalidate his earlier pretrial rulings in defendant's present case.

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An Athens-Clarke County jury convicted Franklin Leon Wise of possession of cocaine with intent to distribute, OCGA § 16-13-30 b, and possession of a firearm by a convicted felon, OCGA § 16-11-131. Following the denial of his motion for a new trial, Wise appeals, contending the trial court erred in denying his motion to suppress, in denying his motion to vacate the order denying his motion to suppress, and in admitting certain opinion evidence. Wise also contends the evidence was insufficient to convict him of possession with intent to distribute. Finding no error, we affirm.

Viewed in the light most favorable to the jury’s verdict,1 the evidence showed the following: on October 9, 1998, pursuant to a tip from a confidential informant, Athens-Clarke County police officers obtained a warrant to search Wise’s residence and his person. On October 15, 1998, police officers executed the search warrant, and seized a solid slab of crack cocaine weighing 4.0 grams, 3.4 grams of powder cocaine, and a bag of marijuana from Wise’s person, as well as two handguns, three scales, and several razors from Wise’s residence. Wise filed a motion to suppress the evidence, contending the search warrant application, including the officer’s affidavit, failed to provide information material to the magistrate’s determination of the informant’s reliability. The trial court denied the motion to suppress.

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