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Hubert v. State

Court of Appeals of Georgia
Feb 4, 1987
353 S.E.2d 612 (Ga. Ct. App. 1987)

Opinion

73623.

DECIDED FEBRUARY 4, 1987.

Drug violation. Richmond Superior Court. Before Judge Fleming.

Benjamin Allen, for appellant.

Sam B. Sibley, Jr., District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.


Following a jury trial, defendant was convicted of selling cocaine in violation of the Georgia Controlled Substances Act. Defendant's motion for a new trial was denied and he appeals. In his sole enumeration of error, defendant asserts the evidence was insufficient to enable a rational trier of fact to convict defendant beyond a reasonable doubt. Held:

An undercover policeman testified that defendant sold him a substance which was subsequently identified as cocaine. Although defendant denied he sold the substance to the undercover agent, the testimony of the agent, standing alone, was sufficient to authorize a conviction. Fredericks v. State, 172 Ga. App. 379, 380 (1) ( 323 S.E.2d 265). Moreover, contrary to defendant's contention, the State demonstrated with reasonable certainty that the cocaine introduced into evidence was the substance which defendant sold to the undercover agent. See Boyer v. State, 178 Ga. App. 372, 373 (1) ( 343 S.E.2d 146). The evidence was sufficient to meet the standard of proof required by Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560).

Judgment affirmed. Sognier and Beasley, JJ., concur.

DECIDED FEBRUARY 4, 1987.


Summaries of

Hubert v. State

Court of Appeals of Georgia
Feb 4, 1987
353 S.E.2d 612 (Ga. Ct. App. 1987)
Case details for

Hubert v. State

Case Details

Full title:HUBERT v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 4, 1987

Citations

353 S.E.2d 612 (Ga. Ct. App. 1987)
181 Ga. App. 684

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