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Huntley v. State

Court of Appeals of Georgia

March 6, 2015

HUNTLEY
v.
THE STATE

Drug violation. Mitchell Superior Court. Before Judge Cato.

Judgment affirmed.

Joseph E. Griffin, for appellant.

Joseph K. Mulholland, District Attorney, Moruf O. Oseni, Assistant District Attorney, for appellee.

McFADDEN, Judge. Andrews, P. J., and Ray, J., concur.

OPINION

Page 758

McFadden, Judge.

After a jury trial, Clemon Huntley was convicted of sale of cocaine, distributing cocaine near a school and distributing cocaine near a park. He appeals, challenging the sufficiency of the evidence and the effectiveness of his trial counsel. However, there was enough evidence to support the jury's verdict of guilt beyond a reasonable doubt and Huntley has not shown that his trial counsel's performance was both deficient and prejudicial. Accordingly, we affirm.

1. Sufficiency of the evidence.

On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury's verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this [c]ourt determines evidence sufficiency and does not weigh the evidence or determine witness credibility. Resolving evidentiary conflicts and inconsistencies, and assessing witness credibility, are the province of the factfinder, not this [c]ourt. As long as there is some evidence, even though contradicted, to support each necessary element of the

Page 759

state's case, this [c]ourt will uphold the jury's verdict.

Stillwell v. State, 329 Ga.App. 108 (764 S.E.2d 419) (2014) (citation omitted).

So viewed, the evidence shows that on November 29, 2010, Huntley drove his friend Kevinall Wheeler to and from two drug transactions. Police used a confidential informant to set up the purchases of cocaine from Wheeler. At approximately 2:30 in the afternoon, Huntley drove Wheeler to the site of the arranged drug sale, which was less than 1,000 feet from both a public park and a school. The confidential informant came to the driver's side window of the car, where Huntley was sitting. The transaction took place directly in front of Huntley, as Wheeler passed the drugs across Huntley's body to the informant in exchange for money. Huntley then drove Wheeler away from the scene of the drug sale. A short time later, Wheeler contacted the confidential informant and offered to sell him more ...


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