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Sutton v. State

Defendant's taking money during a drug transaction supported his conviction, even though he never handled the cocaine.

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A jury found Kelvin Sutton guilty of possession of cocaine with the intent to distribute. He appeals, alleging 1 the evidence was insufficient to support his conviction, 2 the trial court erred in admitting evidence of similar transactions, 3 the prosecutor impermissibly bolstered the testimony of a state witness, and 4 the trial court failed to give an adequate limiting instruction on the similar transaction evidence. Because each of these arguments lacks merit, we affirm Sutton’s conviction.

1. On appeal, the evidence is viewed in the light most favorable to support the jury’s verdict, and Sutton no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 Viewed in this light, the evidence shows that police set up surveillance of 1126 Osborne Street in Fulton County. The surveillance lasted approximately twenty minutes. Officers observed Sutton and Gregory Bell in the area. Bell walked to 1139 Osborne Street and asked a woman at that location for “20 sacks.” The woman gave Bell a package and he gave her some money. Bell then returned to 1126 Osborne Street, where he joined Sutton on the hood of a car parked in the driveway of the residence.

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