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Herbert Lee Childs, Jr.v.The State

CourtCourt of Appeals of Georgia
Docket No.A14A1621
DecidedFebruary 18, 2015
Reporter330 Ga. App. 727; 769 S.E.2d 147
JudgesCourt of Appeals of Georgia, First Division; Chief Judge Phipps, Presiding Judge Ellington, and Judge McMillian; Judge McMillian authored the opinion
Tags
CriminalCriminal LawCriminal ProcedureEvidenceSufficiency of the EvidenceStatutory InterpretationReversal
Case Summary

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.

Opinion

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