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Talbot v. State4/17/2003
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Maurice Talbot appeals his conviction of possession of cocaine with intent to distribute for which he was sentenced to thirty years, ten to serve. He contends that the evidence was insufficient to support the verdict and that he received ineffective assistance of counsel.
1. Construed in favor of the verdict, the evidence shows that while Officer Brent Rollins was pursuing Talbot's car for speeding and running a red light, he saw the driver throw a white substance out of the driver's side window. Talbot eventually pulled over, and Rollins determined that Talbot was the only person in the car. Rollins was able to recover 10.8 grams of the white substance, and at trial Talbot stipulated that it was cocaine. An arresting officer recovered $400 from Talbot. Talbot testified that he had $4,400 at the time.
Talbot contends that there was insufficient evidence to support the intent to distribute aspect of the verdict. Mere possession of cocaine, without more, will not support a conviction for possession with intent to distribute. Wright v. State, 154 Ga. App. 400, 401-402 (1) (268 SE2d 378) (1980). But additional evidence may support proof of intent to distribute, including "the packaging of the contraband, possession of certain amounts or denominations of currency, a prior possession with intent to distribute conviction, and expert testimony that the amount of contraband possessed was consistent with larger amounts usually held for sale rather than for personal use." (Citations and punctuation omitted.) McNair v. State, 226 Ga. App. 516, 517 (1) (487 SE2d 100) (1997).
In this case, an officer testified that he had made hundreds of drug-related arrests and that he was familiar with quantities suggesting personal use and quantities suggesting an intent to distribute. He opined that the amount of cocaine recovered in this case was "clearly going to be an amount used to distribute as opposed to personal use." Also, the State introduced a similar transaction in which Talbot pleaded guilty to possession of marijuana with the intent to distribute. The evidence was sufficient under the standard given in Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See, e.g., Watkins v. State, 253 Ga. App. 382, 385 (3) (559 SE2d 133) (2002) (testimony that amount of money and cocaine was consistent with drug sales was sufficient to support verdict of intent to distribute); Burse v. State, 232 Ga. App. 729, 730 (1) (503 SE2d 638) (1998) (testimony regarding packaging and quantity of cocaine plus similar transaction was sufficient to support verdict of intent to distribute).
2. In order to show ineffective assistance of counsel, Talbot must show both that his attorney's performance was deficient and that the performance prejudiced his defense. Strickland v. Washington, 466 U. S. 668, 687 (104 SC 2052, 80 LE2d 674) (1984). See also Heath v. State, 258 Ga. App. 612, 614 (574 SE2d 852) (2002). "The trial court's determination with respect to effective assistance of counsel will be affirmed unless the trial court's findings are clearly erroneous. [Cits.]" Hamilton v. State, 274 Ga. 582, 587-588 (13) (555 SE2d 701) (2001).
Scott Fitz Randolph of Sumter County represented Talbot at trial on May 9-11, 2001. On July 6, 2001, Randolph was arrested for possession of cocaine, and on November 5, 2001, Randolph was disbarred by the Supreme Court of Georgia for unprofessional and unethical behavior. In the Matter of Randolph, 274 Ga. 482 (554 SE2d 485) (2001). However, these facts are not relevant to Randolph's actual performance representing Talbot. Cf. Jividen v. State, 256 Ga. App. 642, 647 (2) (569 SE2d 589) (2002
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