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Goldsby v. State6/6/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J.
An Oconee County jury convicted John and Richard Goldsby of manufacturing methamphetamine, trafficking in methamphetamine, conspiracy to manufacture methamphetamine, and conspiracy to traffic in methamphetamine. On appeal, both assert multiple enumerations of error. For the reasons that follow, we affirm their convictions, but vacate their sentences and remand to the trial court for resentencing.
On appeal, we view the evidence in a light most favorable to the jury's verdict, and the defendant no longer enjoys a presumption of innocence. "We do not weigh the evidence or decide the witnesses' credibility, but only determine if the evidence is sufficient to sustain the convictions." Viewed in this light, the evidence shows that brothers John and Richard Goldsby were in Athens, Georgia on the evening of Friday, October 11, 2002. John and Richard met Sammy Cronan and Cherie Lackey at the Howard Johnson motel in Athens. Cronan testified that he had known John and Richard for about five years and that John had taught him how to make methamphetamine. Prior to meeting in Athens, the three men discussed making methamphetamine.
According to Cronan, while at the motel , he, John and Richard did some of the preparatory work necessary to make methamphetamine. They peeled lithium batteries and crushed ephedrine pills.
John asked Lackey's permission to use her truck, and told her he was leaving his keys if she needed to use his car while they were gone. The three men then left the motel in the truck. Supplies for making methamphetamine, including ether, a large tank of anhydrous ammonia, epsom salts, camp fuel, mason jars and coffee filters, were in the back of the truck. Both John and Richard left their cars in the motel parking lot.
The three men drove to a property owned by relatives of Lackey in nearby Oconee County, Georgia. There were three mobile homes on the property, one of which was occupied by Jeff and Kelli Thornton. The Thorntons were awakened at 4:00 or 4:30 a.m. by a pickup truck coming down their driveway and backing up almost to their front door. Three men exited the pickup truck, and the Thorntons recognized Cronan but did not know the other two men. The other two men were wearing shorts and t-shirts, with dark hair, and were described as "husky." At trial, Kelli Thornton identified these two men as John and Richard Goldsby.
The three men stripped and cleaned batteries, filled jars from the anhydrous ammonia tank in the back of the truck, and put ingredients into a five gallon water cooler. The three took turns stirring the cooler's contents, which appeared to give off fumes that cause the men to retch and gag. The men then poured the contents of the cooler into jars. According to Cronan, after the liquid was poured out, "a lot of trash" remained in the cooler.
After watching the men, Jeff Thornton called his brother, William Thornton, who lived next door. William Thornton looked outside and saw three men with "miner lights on their head ." William and Jeff Thornton watched the men for some time and discussed whether to confront the men or to call the sheriff's department. Jeff Thornton was hesitant to confront the men because he could see that one of them had a pistol in the back of his pants. He eventually called the sheriff's department when the smell became overpowering.
After Jeff Thornton called the sheriff's department, William Thornton left his house for work. Cronan approached him and asked if he could borrow a clean bucket. As William Thornton drove away, he saw an Oconee County deputy sheriff arriving.
Cronan testified that a deputy sheriff
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