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Moore v. State

The amount and packaging of the seized cocaine was consistent with an intent to distribute

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Following a jury trial, Jonathan Moore was convicted of possession of cocaine with intent to distribute. On appeal he contends that the trial court erred by 1 failing to grant him a directed verdict of acquittal, 2 excusing an allegedly biased juror for cause, and 3 allowing lab report evidence to go out with the jury during deliberations. We discern no error and affirm.

Viewed in the light most favorable to the verdict, the evidence reveals that a police officer was patrolling an area of Atlanta to investigate possible drug activity. The officer saw Moore speaking to two other people and approached them from behind. The officer observed Moore showing the two people some small bags of what the officer suspected was cocaine. When Moore turned around and saw the officer approaching, he tossed to the ground fifteen small bags of what the officer believed to be crack cocaine. The officer arrested Moore and recovered the fifteen bags of suspected crack cocaine that Moore had dropped. The substance in one of the bags was later tested and determined to be cocaine.

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