Senase v. State

Full title: SENASE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Dec 5, 1988

377 S.E.2d 921 (Ga. Ct. App. 1988)

189 Ga. App. 665

Opinion

76448.

DECIDED DECEMBER 5, 1988. REHEARING DENIED DECEMBER 19, 1988.

Drug violation. Gordon Superior Court. Before Judge White.

Thomas C. Blaska, Jonathan J. Wade, Robert A. Meier IV, for appellant.

Darrell E. Wilson, District Attorney, for appellee.

McMURRAY, Presiding Judge.

Defendant appeals from his conviction for trafficking in cocaine. Held:

Initially, defendant asserted four enumerations of error, challenging the constitutionality of OCGA § 16-13-31. He later included a fifth enumeration of error, arguing that "[t]he trial court erred in convicting and sentencing [him] under OCGA § 16-13-31, as the statute requires actual possession, as opposed to constructive possession, to support a conviction for the offense of trafficking in cocaine." However, defendant did not raise these issues in the trial court. Consequently, he "has forfeited the right to raise them on appeal. Arp v. State, 249 Ga. 403 (1) ( 291 S.E.2d 495) (1982)." Senase v. State, 258 Ga. 592 ( 372 S.E.2d 809). See Tolbert v. State, 180 Ga. App. 703, 704 (2, 3) ( 350 S.E.2d 51).

Judgment affirmed. Pope and Benham, JJ., concur.

DECIDED DECEMBER 5, 1988 — REHEARING DENIED DECEMBER 19, 1988 — CERT. APPLIED FOR.