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Ellerbee v. State

The state's failure to comply with the notice requirements for admissibility of similar transaction evidence as set forth in USCR 31.1 was harmless because the defendant had actual notice of the similar transaction evidence.

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In November 1996, Sherrod Ellerbee was tried before a jury and found guilty of a single count of violating the Georgia Controlled Substances Act. A timely motion for new trial was filed urging the general grounds. In February 2000, this motion was amended to complain of the admission of a similar transaction. In March 2000, the amended motion was denied and a timely notice of appeal was filed. In six related enumerations of error, Ellerbee complains of the admission of his prior conviction for selling cocaine. He further enumerates purported restrictions on his cross-examination and challenges the sufficiency of the evidence. We affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence revealed that around 1:00 p.m. on April 25, 1996, agents from the Upson County Narcotics Task Force were on routine patrol when one recognized Ellerbee, with two unknown males, standing at the corner of a dead-end street known as a high drug area. Ellerbee was beside a car with something in his hand. He looked at the officers, dropped his hand and took off running. Something fell to the ground, and while one agent pursued Ellerbee, the other recovered 13 individually wrapped green plastic bags, each containing what appeared to be “dime rocks,” that is, $10 worth of crack cocaine. In the officer’s experience, this is how crack cocaine is commonly prepared for distribution and the total quantity 13 rocks was excessive for individual use.

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