Dole v. State, 567 S.E.2d 756 (Ga. Ct. App. 2002). · Go Syfert
Dole v. State, 567 S.E.2d 756 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
“atters not enumerated as error will not be considered on appeal" because "his ourt has no jurisdiction to consider grounds which though argued are not enumerated as error according to o.c.g.a. 5-6-40.”
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Ollie Lester Grimes v. State (gactapp, 2022-01-10)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
examined Cited as authority (quoted) Ollie Lester Grimes v. State (2×) also: Cited "see"
Ga. Ct. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
atters not enumerated as error will not be considered on appeal" because "his ourt has no jurisdiction to consider grounds which though argued are not enumerated as error according to o.c.g.a. 5-6-40.
discussed Cited as authority (quoted) Hernandez v. State (2×) also: Cited "see"
Ga. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court has no jurisdiction to consider grounds which though argued are not enumerated as error. . . .
discussed Cited as authority (rule) CORY BENDER v. SOUTHTOWNE MOTORS OF NEWNAN II, INC.
Ga. Ct. App. · 2016 · confidence medium
OCGA § 5-6-40; Smith v. Saulsbury, 286 Ga. App. 322, 323 (1) (a) ( 649 SE2d 344 ) (2007); Dole v. State, 256 Ga. App. 146, 148 (2) ( 567 SE2d 756 ) (2002). 4 Vernon v. Assurance Forensic Accounting, LLC, 333 Ga. App. 377, 378 ( 774 SE2d 197 ) (2015). 5 The form listed an inoperative front window and an inoperative back up camera as the nonconformities that precipitated the buyback by HMA. 6 Lindsey testified that the documents were signed in a hurry because it was past the normal closing time for the dealership, but no evidence was presented that they were prevented from taking more time to r…
discussed Cited as authority (rule) Fradenburg v. State
Ga. Ct. App. · 2009 · confidence medium
“This court has no jurisdiction to consider grounds which though argued are not enumerated as error according to OCGA § 5-6-40.” (Citations and punctuation omitted.) Dole v. State, 256 Ga. App. 146, 148 (2) ( 567 SE2d 756 ) (2002).
discussed Cited as authority (rule) Smith v. Saulsbury
Ga. Ct. App. · 2007 · confidence medium
Co. v. Nelson, 282 Ga. App. 488, 489 (1) ( 639 SE2d 365 ) (2006); see also OCGA § 5-6-34 (d); Lovell v. Rea, 278 Ga. App. 740, 742 (1) ( 629 SE2d 459 ) (2006). 4 See id. 5 See id. 6 See OCGA § 5-6-40; Dole v. State, 256 Ga. App. 146, 148 (2) ( 567 SE2d 756 ) (2002) (appellate jurisdiction limited to consideration of legal grounds enumerated as error). 7 Specifically, the Defendants argue that the sale of their product violated 17 USCA § 1201 (a) (2), which provides that [n]o person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, serv…
discussed Cited as authority (rule) Branan v. State
Ga. Ct. App. · 2007 · confidence medium
Blackburn, P. J., and Bernes, J., concur. 1 OCGA§ 10-5-12 et seq. 2 See Davis v. State, 281 Ga. App. 855 ( 637 SE2d 431 ) (2006). 3 See id. 4 After he was indicted, Branan refunded a portion of Lenhart, Miller, and Hopkinson’s initial investments. 5 See Watts v. Grimes, 224 Ga. 227 ( 161 SE2d 286 ) (1968). 6 See Birge v. State, 238 Ga. 88, 89 ( 230 SE2d 895 ) (1976). 7 See Williford v. State, 218 Ga. App. 522, 524 ( 462 SE2d 632 ) (1995). 8 Taylor v. State, 238 Ga. App. 753, 754 (2) ( 520 SE2d 267 ) (1999). 9 See id.; Tabb v. State, 250 Ga. 317, 318 (1) ( 297 SE2d 227 ) (1982). 10 See Taylo…
cited Cited as authority (rule) Howard v. State
Ga. Ct. App. · 2005 · confidence medium
Dole v. State, 256 Ga. App. 146, 146-147 (1) ( 567 SE2d 756 ) (2002).
discussed Cited "see" Smithson v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See State v. Almand, 196 Ga. App. 40, 42 ( 395 SE2d 609 ) (1990) (inadvertence requirement abolished). 24 Horton, supra at 131 (I). 25 Id. at 142 (III). 26 (Footnote omitted.) Id. at 138-139 (III). 27 Solis v. State, 268 Ga. App. 493, 498-499 (1) (c) ( 602 SE2d 166 ) (2004) (a warrant authorizing the search of a particular dwelling extends by implication to areas within the curtilage of the'dwelling, including vehicles parked within the curtilage of that dwelling). 28 (Citations omitted.) Dole v. State, 256 Ga. App. 146 -147 (1) ( 567 SE2d 756 ) (2002).
discussed Cited "see, e.g." Hickman v. State (2×)
Ga. Ct. App. · 2006 · signal: see also · confidence low
See also Dole v. State, 256 Ga. App. 146 -147 (1) ( 567 SE2d 756 ) (2002). 2 Nelson and Hickman were jointly indicted. 3 State v. Causey, 246 Ga. App. 829, 831 (1) ( 540 SE2d 696 ) (2000); State v. Folk, 238 Ga. *561 App. 206, 207 ( 521 SE2d 194 ) (1999). 4 (Citations and punctuation omitted.) Painter v. State, 227 Ga. App. 875, 877 ( 490 SE2d 544 ) (1997). 5 449 U. S. 411 (101 SC 690, 66 LE2d 621) (1981). 6 Causey, supra at 832 (1) (b). 7 (Citations, punctuation and footnotes omitted.) Id. at 832-833 (1) (b), citing Cortez, supra at 417-418 (II) (A).
Retrieving the full opinion text from the archive…
Dole
v.
the State
A02A0785.
Court of Appeals of Georgia.
Jun 26, 2002.
567 S.E.2d 756
Clark & Towne, David E. Clark, Wystan B. Getz, for appellant., Daniel J. Porter, District Attorney, Frank A. Rardi, James M. Cavin, Assistant District Attorneys, for appellee.
Barnes, Pope, Ruffin.
Cited by 12 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Court of Appeals of Georgia (2)
Barnes, Judge.

Following a bench trial, Edward Bernard Dole was found guilty of three counts of violating the Georgia Controlled Substances Act for possession of cocaine, possession with intent to distribute stanozolol, and possession with intent to distribute diazepam. [1] On appeal Dole claims that the trial court erred in denying his motion to suppress certain evidence seized from his home pursuant to an invalid warrant. He also argues that the trial court erred in failing to grant his motion to dismiss the possession of diazepam indictment. Finding no error, we affirm.

1. In reviewing the denial of a motion to suppress, we construe the record to uphold the trial court’s findings and judgment. Davis v. State, 232 Ga. App. 450 (1) (501 SE2d 241) (1998). The trial court’s[*147] findings on issues of credibility and conflicting evidence are to be upheld unless they are clearly erroneous. Id. Further, because the trial court is the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if any evidence supports them. Morgan v. State, 195 Ga. App. 732, 735 (3) (394 SE2d 639) (1990).

So construed, the evidence reveals that a Gwinnett County drug task force investigator sought a search warrant for Dole’s residence after Drug Enforcement Administration agents informed him that several packages containing two controlled substances, alprazolam and Valium, addressed to Dole, had been seized by the United States Customs Agency. After obtaining the warrant, the investigator conducted a controlled delivery of an additional package addressed to Dole containing 1,000 Valium pills. The female who signed for the package told the postal worker that Dole was there, but was asleep. Within ten to fifteen minutes of the delivery, the police executed the warrant.

The police recovered cocaine, marijuana, several vials of decadurabolin, [2] and several hundred stanozolol pills. The cocaine was in an ashtray in plain view, the marijuana was in a box on a bedside table, and the other contraband was located in a file cabinet in the bedroom closet. Dole directed the police to the file cabinet after telling them that, “I can show you where the stuff is so you don’t tear everything apart.”

2. Dole first contends that the warrant violates OCGA § 17-5-21 “because the warrant erroneously describes items as ‘being possessed in violation of Georgia Law’ that are not contraband.” He argues that the warrant describes the items to be seized as “instruments of communication, computers, mail correspondence to facilitate the sale or purchase of Valium (Diazepam)” because they were being held “in violation of the law.” He argues that since the items described are not contraband, the warrant exceeds the scope of the search warrant statute, OCGA § 17-5-21, and is unlawful.

Dole has misinterpreted the statement in the warrant. The relevant part of the warrant states: “There is now located certain instruments, articles, person(s), or things, namely: INSTRUMENTS OF COMMUNICATION, COMPUTERS, MAIL CORRESPONDENCE TO FACILITATE THE SALE OR PURCHASE OF VALIUM (DIAZEPAM), which is being possessed in violation of Georgia Law.” Contrary to Dole’s assertion, the phrase “which is being possessed in violation of Georgia Law” refers to the Valium or diazepam, and not to the other items. Further, as the warrant states that these items were possessed to facilitate the illegal sale or purchase of Valium or[*148] diazepam, they clearly fall within the terms of OCGA § 17-5-21 (a) (1), as “instruments, articles, or things, . . . which are designed, intended for use, or which have been used in the commission of the offense in connection with which the warrant is issued.” Id. Therefore, there being no factual support for Dole’s arguments, this enumeration of error is without merit.

Dole’s argument that the trial court expanded the scope of the search warrant by referring to the warrant application is not reasonably included within his enumeration of error and was not otherwise enumerated as error. Accordingly, this issue cannot be considered, because matters not enumerated as error will not be considered on appeal. Rider v. State, 226 Ga. 14, 15 (2) (172 SE2d 318) (1970). “This court has no jurisdiction to consider grounds which though argued are not enumerated as error according to OCGA § 5-6-40. [Cits.]” Sunn v. Trophy Marine, 176 Ga. App. 68, 69 (2) (334 SE2d 884) (1985). Moreover, as the Valium was found in plain view when the officers entered the home, they were authorized to seize it. Nichols v. State, 210 Ga. App. 134, 136 (3) (d) (435 SE2d 502) (1993).

3. Dole’s second enumeration of error contends the trial court erred by denying his motion to suppress “because the items described in the warrant are not limited to the named participants in criminal activity.” He contends the warrant was overbroad because it allowed the seizure of items related to unnamed co-conspirators as the affidavit refers to unnamed co-conspirators. This argument is also without merit.

The items described in the warrant to search Dole’s house all involved a named participant — Dole. Officers sought to seize the means by which Dole may have communicated with others (whom they could not yet identify) regarding the sale or purchase of Valium. The items were described with the requisite particularity, so the warrant is not invalidated by the reference to unnamed co-conspirators in the application. This is not a case in which the warrant did not limit the items to be seized. Compare Grant v. State, 220 Ga. App. 604, 609 (2) (469 SE2d 826) (1996) (because the warrant did not clearly limit the items to be seized to those involving the named participants, it was overly broad and allowed for an impermissible exercise of discretion by the searching officers).

4. Finally Dole asserts that the trial court should have granted his motion to dismiss Count 3 of the indictment for possession of diazepam (Valium) with intent to distribute because the evidence was insufficient to warrant a conviction. He argues that he never had actual or constructive possession of the Valium.

This Court, however, does not weigh the evidence or address the credibility of the witnesses. Rather, we determine whether the evidence, viewed in the light most favorable to the verdict, was suffi[*149] cient to authorize the finder of fact’s finding that the defendant was guilty of the crime charged beyond a reasonable doubt. James v. State, 238 Ga. App. 101, 102 (518 SE2d 142) (1999). From our review of the record, we find that the evidence from which the jury could infer that the Valium was delivered to Dole’s agent who accepted the Valium on his behalf was sufficient to support Dole’s conviction, and thus we find no error in the trial court’s denial of Dole’s motion. See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Decided June 26, 2002. Clark & Towne, David E. Clark, Wystan B. Getz, for appellant. Daniel J. Porter, District Attorney, Frank A. Rardi, James M. Cavin, Assistant District Attorneys, for appellee.

Judgment affirmed.

Pope, P. J., and Ruffin, J., concur.
1

Stanozolol is a steroid. Several hundred pills of Winstrol, a common brand name for stanozolol, were recovered from Dole’s residence. Diazepam is also known as Valium.

2

Deca-durabolin is also a steroid.