Herbert Lee Childs, Jr.v.The State
Herbert Lee Childs Jr. was convicted of trafficking in cocaine after police stopped his vehicle in Monroe County and found bags containing cocaine in the center console. The tested powdered cocaine weighed 35.13 grams and was 45.2 percent pure; a second suspected crack-cocaine sample was not tested. Childs argued that the State failed to prove he knowingly possessed at least 28 grams of cocaine, an element required by the version of Georgia’s trafficking statute applicable to his 2012 offense. The Court of Appeals of Georgia agreed and reversed the trafficking conviction. Although the evidence could support an inference that Childs possessed cocaine and intended to distribute it, the State presented no scale, prior similar transaction, or other evidence showing that Childs knew the amount met the statutory threshold. The court distinguished cases involving much larger quantities, higher purity, or proof that the defendant had handled trafficking amounts before. Because knowledge of quantity was an essential element and the evidence did not support a reasonable inference of it, the court reversed the trafficking conviction and found the remaining enumerations moot.
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