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Clark v. State

Defendant's conviction for possession of marijuana with intent to distribute reversed as the circumstantial evidence did not exclude his claim that he purchased the quarter bags of marijuana for his own use.

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After a bench trial, Kenneth Roy Clark was convicted of possession of marijuana with intent to distribute,1 and possession of marijuana with intent to distribute within 1,000 feet of a public housing project.2 He challenges the sufficiency of the evidence supporting both convictions, arguing that the state failed to prove that he intended to distribute the marijuana. Having carefully considered the evidence presented at trial, we agree that the evidence was legally insufficient. Therefore, we reverse the judgment of conviction as to possession with intent to distribute marijuana, remand the case and direct the trial court to enter a judgment of conviction on simple possession of marijuana under OCGA § 16-13-30 j, and reverse the conviction as to possession with intent to distribute within 1,000 feet of a housing project.3

On appeal, this Court views the evidence in a light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence; we do not weigh the evidence or determine witness credibility, but only determine whether the evidence is sufficient under the standard set forth in Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.4

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