Clyde v. State

11 Citing cases

  1. Harvey v. State

    344 Ga. App. 7 (Ga. Ct. App. 2017)   Cited 5 times

    Harvey's conviction cannot be sustained unless there was evidence that he had immediate access to the weapon while possessing cocaine with intent to distribute. See Clyde v. State, 298 Ga. App. 283, 285–86 (2), 680 S.E.2d 146 (2009) ; see also Davenport v. State, 308 Ga. App. 140, 148 (1) (c), 706 S.E.2d 757 (2011) ("when a defendant is charged under this statute, the evidence is sufficient to sustain a conviction when it is shown at trial that a firearm was within arm's reach of the defendant at any point during the commission of the crime, thus giving the defendant immediate access to the weapon") (citations and emphasis omitted). The State need only prove that the "defendant passed even momentarily within arm's reach of the gun."

  2. Williams v. the State

    303 Ga. App. 222 (Ga. Ct. App. 2010)   Cited 18 times
    Concluding no harm resulted from denial of mistrial based upon State's violation of trial court's evidentiary ruling

    (Citation omitted.) Clyde v. State, 298 Ga. App. 283 ( 680 SE2d 146) (2009). See also Jackson v. Virginia, 443 U. S. 307 ( 99 SC 2781, 61 LE2d 560) (1979).

  3. Blue v. State

    350 Ga. App. 702 (Ga. Ct. App. 2019)   Cited 2 times
    In Blue v. State, 350 Ga. App. 702, 830 S.E.2d 279 (2019), we concluded that insufficient evidence supported the defendant's convictions of trafficking in cocaine and possession of a firearm during the commission of a crime.

    Blue's conviction cannot be sustained unless there was evidence that he had immediate access to the firearm while possessing cocaine. See Harvey v. State , 344 Ga. App. 7, 11 (2) (a), 806 S.E.2d 302 (2017) ; Clyde v. State , 298 Ga. App. 283, 285 (2), 680 S.E.2d 146 (2009) ; see also Davenport v. State , 308 Ga. App. 140, 148 (1) (c), 706 S.E.2d 757 (2011) ("[W]hen a defendant is charged under this statute, the evidence is sufficient to sustain a conviction when it is shown at trial that a firearm was within arm's reach of the defendant at any point during the commission of the crime, thus giving the defendant immediate access to the weapon.") (citations and emphasis omitted).For the reasons discussed in Division 1 (a), there was no evidence from which a rational trier of fact could have found that Blue possessed the cocaine found in the house.

  4. Franks v. State

    325 Ga. App. 488 (Ga. Ct. App. 2013)   Cited 5 times

    We find that this evidence, although circumstantial, was sufficient to support a finding that Franks and Long shared joint constructive possession of the items seized. Clyde v. State, 298 Ga.App. 283, 285(1), 680 S.E.2d 146 (2009); Espinoza v. State, 244 Ga.App. 96, 99(5), 534 S.E.2d 824 (2000); Wilson v. State, 231 Ga.App. 525, 526(1), 499 S.E.2d 911 (1998). Here, Long and Franks were charged with trafficking by knowingly manufacturing a mixture containing less than 200 grams of methamphetamine.

  5. Franks v. State

    745 S.E.2d 666 (Ga. Ct. App. 2013)

    We find that this evidence, although circumstantial, was sufficient to support a finding that Franks and Long shared joint constructive possession of the items seized. Clyde v. State, 298 Ga.App. 283, 285(1), 680 S.E.2d 146 (2009); Espinoza v. State, 244 Ga.App. 96, 99(5), 534 S.E.2d 824 (2000); Wilson v. State, 231 Ga.App. 525, 526(1), 499 S.E.2d 911 (1998). Here, Long and Franks were charged with trafficking by knowingly manufacturing a mixture containing less than 200 grams of methamphetamine.

  6. Robinson v. State

    724 S.E.2d 846 (Ga. Ct. App. 2012)   Cited 4 times
    Affirming conviction where evidence established that housing complex was “public assistance housing,” not merely “public housing”

    Thus the evidence was sufficient for a jury to have found the essential elements of the crime beyond a reasonable doubt. 298 Ga.App. 283, 680 S.E.2d 146 (2009). Id. at 285(2), 680 S.E.2d 146.

  7. Davenport v. State

    308 Ga. App. 140 (Ga. Ct. App. 2011)   Cited 28 times
    Holding that trial counsel did not render ineffective assistance in failing to call witness given counsel's testimony that he determined witness would not be favorable for defendant

    See Curry v. State, 238 Ga. App. 511, 522 (5) (c) ( 519 SE2d 269) (1999); see also Humphreys v. State, 253 Ga. App. 344, 346 ( 559 SE2d 99) (2002) (noting that final element of the crime "require[s] proof only that [the defendant] was even momentarily within arm's reach of the gun" (citation and punctuation omitted)); Gibson v. State, 223 Ga. App. 103, 103 (1) ( 476 SE2d 863) (1996) (same).See Clyde v. State, 298 Ga. App. 283, 285-86 (2) ( 680 SE2d 146) (2009) ("[The defendant's] conviction cannot be sustained unless there was evidence that he had immediate access to the weapon. . . ."); Carswell, 251 Ga. App. at 736 ("[I]mmediate access to the weapon . . . is required to sustain a conviction under OCGA § 16-11-106 (b).").

  8. Walker v. State

    367 Ga. App. 816 (Ga. Ct. App. 2023)   Cited 1 times
    Stating value of damage "may be established by several means" including lay witness opinion when the witness had the opportunity to form a reliable opinion

    (Citation and punctuation omitted.) Clyde v. State , 298 Ga. App. 283, 680 S.E.2d 146 (2009). The State charged Walker with criminal damage to property in the second degree for "intentionally damag[ing] a vehicle, the property [of his girlfriend's father], without his consent, said damage exceeding $500.00 ...."

  9. Watt v. State

    732 S.E.2d 96 (Ga. Ct. App. 2012)   Cited 3 times
    Holding that prior trafficking-in-marijuana conviction was sufficiently similar to trafficking-in-marijuana charge in instant case and was, therefore, admissible to show defendant's bent of mind

    (Punctuation omitted.) Clyde v. State, 298 Ga.App. 283, 680 S.E.2d 146 (2009).So viewed, the evidence shows that on August 17, 2009, Drug Enforcement Agency (“DEA”) agents in Tucson, Arizona, were contacted by the local manager of Old Dominion Freight Lines about a suspicious crate being shipped to Douglas County, Georgia. A DEA agent determined that the package contained marijuana and contacted law enforcement officials in Douglas County to arrange for a controlled delivery of the crate to Old Dominion loading docks there.

  10. Cobarrubias-Garcia v. State

    316 Ga. App. 787 (Ga. Ct. App. 2012)   Cited 2 times
    Finding insufficient evidence of constructive possession despite State's argument that " ‘no one is in a stash house containing drugs worth $750,000 at 10:30 p.m. unless they have a vested interest in what is inside’ "

    (Citation and punctuation omitted.) Clyde v. State, 298 Ga.App. 283, 680 S.E.2d 146 (2009).The standard of review in evaluating the sufficiency of the evidence is "whether the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that the defendant was guilty of the charged offense."