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Carroll v. State

Any unnecessary or repetitive language in the trial court's charge on conduits and procuring agents was harmless since the trial court properly charged on parties to a crime.

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A jury found co-defendants Eddie Lee Carroll and Herman Adger guilty of selling cocaine and possessing cocaine with intent to distribute.1 Both defendants moved for a new trial, which the trial court denied, and these appeals followed. In Case No. A01A1465, Carroll challenges the sufficiency of the evidence, claims that the trial court made a charging error, and argues that he was denied effective assistance of counsel. Adger appeals in Case No. A01A1588, alleging the same charging error and also ineffective assistance of trial counsel. Because both appeals involve the same operative facts, we have consolidated them for review, and for reasons that follow, we affirm.

“On appeal, the appellants no longer enjoy the presumption of innocence, and we view the evidence in a light most favorable to the verdict.”2 Viewed in this manner, the evidence shows that on August 28, 1998, the Chatham County Counter Narcotics Team conducted a “buy-bust” drug operation in Savannah, Georgia. During that operation, Adger approached undercover agent Gerald Dillard on the street. According to Dillard, Adger asked him if he was “straight,” which — in “street language” — referred to whether Dillard had any drugs. Dillard responded, “no, I’m looking for something.” Adger inquired what Dillard was looking for, and Dillard replied, “a 15 piece, I don’t have but $15.” Adger stated, “my boy’s got some over here,” and he led Dillard to a wooden fence at the end of a nearby street.

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