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Torres v. State

298 Ga. App. 158 (Ga. Ct. App. 2009)
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Torres v. State

5 Citing cases

  1. Boring v. State

    303 Ga. App. 576 (Ga. Ct. App. 2010)   Cited 12 times
    Holding that packaging and amount of marijuana, digital scales, and testimony from deputy that such indicated defendant was selling the marijuana was sufficient to support conviction of possession with intent to distribute

    See Blankenship v. State;Vaughn v. State. Torres v. State, 298 Ga.App. 158, 679 S.E.2d 757 (2009). The trial of this case occurred in September 2007.

  2. Allen v. State

    754 S.E.2d 795 (Ga. Ct. App. 2014)   Cited 1 times
    Affirming sentence where trial court concluded that it was required to sentence defendant to maximum sentence without parole, and defendant “[did] not argue, and the record [did] not reflect, any error by the trial court with regard to its decision not to probate or suspend a portion of sentence.”

    (Citation and punctuation omitted.) Huckabee v. State, 287 Ga. 728, 733(4)(b), 699 S.E.2d 531 (2010); see Torres v. State, 298 Ga.App. 158, 159(1), 679 S.E.2d 757 (2009) (defendant not entitled to charge on mere presence as sole defense where evidence showed connection to contraband other than mere presence in hotel room). 3. Allen complains that the trial court failed to exercise its discretion in sentencing him pursuant to OCGA § 17–10–7(a) and (c). The State introduced four prior felony drug convictions in aggravation of sentencing and for the imposition of recidivist sentencing pursuant to OCGA § 17–10–7(a) and (c).

  3. Graves v. State

    322 Ga. App. 24 (Ga. Ct. App. 2013)   Cited 1 times

    (Punctuation and footnote omitted.) Id.; see also Torres v. State, 298 Ga.App. 158, 158–159(1), 679 S.E.2d 757 (2009) (no error in failing to charge jury on sole defense of “mere presence” where trial court instructed jury as to State's burden to prove each element of the offense). Consequently, Graves has failed to establish that any deficiency prejudiced his defense.

  4. Smoot v. State

    316 Ga. App. 102 (Ga. Ct. App. 2012)   Cited 17 times

    (Citations and punctuation omitted.) Torres v. State, 298 Ga.App. 158, 159(1), 679 S.E.2d 757 (2009). Nor was the trial court required to charge the jury on mere spatial proximity, even if Smoot's request for such a charge was a correct statement of the law.

  5. Williams v. State

    686 S.E.2d 446 (Ga. Ct. App. 2009)   Cited 6 times

    (Citation and punctuation omitted.) Torres v. State, 298 Ga. App. 158, 159 (1) ( 679 SE2d 757) (2009). Thus, Williams also is unable to show how any deficiency prejudiced his defense.