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Way v. State10/12/2001
Dale Way was convicted by a jury of speeding, driving under the influence to the extent he was a less safe driver, and possession of cocaine with the intent to distribute. Way appeals only his conviction for possession of cocaine with the intent to distribute. He contends that (1) the evidence was insufficient to support the conviction and (2) the trial court erred by refusing to allow him to argue first and last during closing arguments. For the following reasons, we affirm.
Way argues that the evidence was insufficient to support his conviction for possession with the intent to distribute cocaine. We disagree.
On appeal the evidence must be viewed in the light most favorable to support the verdict, and no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Ryals v. State; Jackson v. Virginia.
So viewed, the evidence shows that on April 4, 1998, Deputy Jason Wilkes stopped Way and charged him with speeding. During the investigatory stop, Deputy Wilkes determined that Way had been driving under the influence and so charged him. Incident to the arrest, Deputy Wilkes searched Way and discovered a crumpled dollar bill in his pocket containing several off-white rocks, which was later determined to be 1.6 grams of crack cocaine. In addition, Deputy Wilkes found $937 in currency on Way, including seventeen twenty dollar bills.
Way was given his Miranda warning and taken into custody, where he gave a statement denying his guilt. Thereafter, Way voluntarily remarked to GBI Agent Tracy Sands that "he could do the big man in Glenville" if Agent Sands could make the charges disappear. Way then moved to suppress this testimony. Following a Jackson-Denno hearing, the trial court determined that Way made his custodial statements voluntarily after he waived his rights.
Way argues only that the evidence was insufficient to support a finding that he intended to distribute the cocaine and that the most it showed was mere possession. "Mere possession of cocaine . . . will not support a conviction for possession with intent to distribute." Morgan v. State. Intent to distribute may be shown in numerous ways, expert testimony that the amount of contraband possessed was inconsistent with personal use, the possession of certain amounts or denominations of currency, and a prior conviction for possession with intent to distribute are facts which may support such intent. See Bethea v. State.
Here, Deputy Wilkes seized 1.6 grams of crack cocaine from Way. Agent Sands testified that the cocaine consisted of several big chunks, each capable of being cut into two-to-four twenty dollar rocks. Agent Sands also testified that, in his experience, crack commonly sells on the street in twenty or forty dollar amounts. Thus, it was significant that Way was carrying $937 in currency, including seventeen twenty dollar bills. " ossession of a large amount of currency in certain denominations, as here, may help establish intent to distribute." Brown v. State. Way argues on appeal that the currency was not from the sale of cocaine, but that he received it from his wife. However, the credibility of witnesses is a matter for the jury to determine. Woodford v. State.
In addition, Way made an inculpatory statement that "he could do the big man in Glenville" if Agent Sands could make the charges disappear. Way's statement was voluntarily given, and the jury was free to consider it. Although Way denied making this
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