Helton v. State, 609 S.E.2d 200 (Ga. Ct. App. 2005). · Go Syfert
Helton v. State, 609 S.E.2d 200 (Ga. Ct. App. 2005). Cases Citing This Book View Copy Cite
54 citation events (54 in the last 25 years) across 1 distinct court.
Strongest positive: Barber v. State (gactapp, 2012-09-11)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
cited Cited as authority (rule) Barber v. State
Ga. Ct. App. · 2012 · confidence medium
(Footnote omitted.) Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) Mario Barber v. State
Ga. Ct. App. · 2012 · confidence medium
Officer Gonzales, who has been trained and experienced in the illegal drug distribution 28 (Citation and punctuation omitted.) Cotton v. State, 300 Ga. App. 874, 876 ( 686 SE2d 805 ) (2009). 29 (Footnote omitted.) Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005). 30 (Footnote omitted.) Hughes v. State, 297 Ga. App. 217, 218 ( 676 SE2d 852 ) (2009). 31 (Citations omitted.) Haywood v. State, 301 Ga. App. 717, 719 (1) ( 689 SE2d 82 ) (2009). 12 industry, testified that the fact that the 10 grams of cocaine found in the large plastic bag was individually packaged into 19 small ba…
discussed Cited as authority (rule) Stokes v. State
Ga. Ct. App. · 2012 · confidence medium
The [S]tate may show intent to distribute in many ways, including expert testimony that the amount of contraband possessed was inconsistent with personal use, evidence showing the manner of packaging, and the possession of certain amounts or denominations of currency Helton v. State, 271 Ga. App. 272, 275 (1) (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) Ritchea Stokes v. State
Ga. Ct. App. · 2012 · confidence medium
“The [S]tate may show intent to distribute in many ways, including expert testimony that the amount of contraband possessed was inconsistent with personal use, evidence showing the manner of packaging, and the possession of certain amounts or denominations of currency.” Helton v. State, 271 Ga. App. 272, 275 (1) (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) McCombs v. State
Ga. Ct. App. · 2010 · confidence medium
See id.; Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005) (possession of four small bags of methamphetamine, large amount of cash, and expert testimony sufficient to support intent to distribute conviction); Maddox v. State, 227 Ga. App. 602, 603 (1) ( 490 SE2d 174 ) (1997) (possession of four small bags and other evidence sufficient to support intent to distribute conviction).
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2010 · confidence medium
Haywood v. State, 301 Ga. App. 717, 719 (1) ( 689 SE2d 82 ) (2009). 1 Davis v. State, 275 Ga. App. 714, 715 (1) ( 621 SE2d 818 ) (2005). 2 OCGA § 16-13-30 (j) (1). 3 OCGA § 16-13-30 (b). 4 OCGA § 16-13-30 (a). 5 OCGA § 16-13-32.5 (b). 6 OCGA § 16-13-32.5 (b). 7 OCGA § 16-11-106 (b) (4). 8 OCGA §§ 16-4-1; 16-11-107 (b). 9 OCGA § 16-11-131 (b). 10 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 11 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 12 Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005). 13 Cotton v. State, 300 Ga. App. …
discussed Cited as authority (rule) Boring v. State
Ga. Ct. App. · 2010 · confidence medium
Barnes and Bernes, JJ., concur. 1 OCGA § 16-13-30 (a). 2 OCGA § 16-13-30 (j) (1). 3 OCGA §§ 16-13-28 (a) (1); 16-13-30 (a). 4 OCGA § 16-13-32.2 (a). 5 Dennis v. State, 294 Ga. App. 171 ( 669 SE2d 187 ) (2008). 6 Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). 7 Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005). 8 Cochran v. State, 300 Ga. App. 92, 96 (1) (b) ( 684 SE2d 136 ) (2009). 9 Driscoll v. State, 295 Ga. App. 5, 7 (1) (a) ( 670 SE2d 824 ) (2008). 10 Cotton v. State, 300 Ga. App. 874, 876 ( 686 SE2d 805 ) (2009). 11 Torres v. Stat…
discussed Cited as authority (rule) Cotton v. State
Ga. Ct. App. · 2009 · confidence medium
See id.; Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005) (possession of four small bags of methamphetamine, large amount of cash, and expert testimony sufficient to support intent to distribute conviction); Maddox v. State, 227 Ga. App. 602, 603 (1) ( 490 SE2d 174 ) (1997) (possession of four small bags and other evidence sufficient to support intent to distribute *877 conviction).
discussed Cited as authority (rule) Ogburn v. State
Ga. Ct. App. · 2009 · confidence medium
Helton v. State, 271 Ga. App. 272, 274-275 (b) ( 609 SE2d 200 ) (2005) (evidence sufficient to support intent to distribute conviction based upon division of drugs into individual packages, large amount of cash found on defendant, and expert testimony, even though every package was not tested by the State crime lab). 2.
discussed Cited as authority (rule) Driscoll v. State (2×) also: Cited "see"
Ga. Ct. App. · 2008 · confidence medium
“To support a conviction for possession with intent to distribute, OCGA § 16-13-30 (b), the state is required to prove more than mere possession.” (Footnote omitted.) Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) Ray v. State
Ga. Ct. App. · 2008 · confidence medium
Thus, Ray has arguably abandoned his challenge to the sufficiency of the evidence. 6 See Helton v. State, 271 Ga. App. 272, 274-275 (b) ( 609 SE2d 200 ) (2005) (possession with intent to distribute); Allen v. State, 286 Ga. App. 469, 470 (1) ( 649 SE2d 583 ) (2007) (possession of a firearm during the commission of a felony); Harper v. State, 285 Ga. App. 261, 263-265 (1) (a) ( 645 SE2d 741 ) (2007) (false name); Daniel v. State, 282 Ga. App. 291, 292 ( 638 SE2d 430 ) (2006) (failure to maintain lane, fleeing or attempting to elude a police officer, and obstruction); Augustin v. State, 260 Ga. …
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2008 · confidence medium
See Evans v. State, 288 Ga. App. 103, 108 (3) (a) ( 653 SE2d 520 ) (2007) (testimony that defendant sold drugs relevant to establish that defendant acted with intent to distribute); Helton v. State, 271 Ga. App. 272,275 (b) ( 609 SE2d 200 ) (2005) (intent to distribute can be inferred from quantity of drugs seized and manner of packaging).
examined Cited as authority (rule) Davis v. State (3×) also: Cited "see"
Ga. Ct. App. · 2007 · confidence medium
Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) Beck v. State
Ga. Ct. App. · 2007 · confidence medium
“To support a conviction for possession with intent to distribute, OCGA § 16-13-30 (b), the state is required to prove more than mere possession.” (Citation and footnote omitted.) Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) Harper v. State
Ga. Ct. App. · 2007 · confidence medium
Phipps and Mikell, JJ., concur. 1 Hazelwood v. State, 265 Ga. App. 709 ( 595 SE2d 564 ) (2004). 2 Id. at 710 . 3 Id. 4 See Overand v. State, 240 Ga. App. 682, 683 (1) ( 523 SE2d 610 ) (1999); Holt v. State, 227 Ga. App. 46, 48 ( 487 SE2d 629 ) (1997) (“lawful discharge of official duties” requirement of OCGA § 16-10-24 (obstruction) is analogous to that of OCGA§ 16-10-25 (false information)). 5 Overand, supra. 6 See Animashaun v. State, 207 Ga. App. 156, 158 (1) ( 427 SE2d 532 ) (1993) (off-duty police officer acted within official duties when he and others accompanied woman to her home …
discussed Cited as authority (rule) Barrino v. State
Ga. Ct. App. · 2006 · confidence medium
Blackburn, P. J., and Adams, J., concur. 1 MDMA is an abbreviation for 3, 4-methylenedioxymethamphetamine and is commonly known as “Ecstasy.” See OCGA§ 16-13-25 (3) (Z); Giacini v. State, 281 Ga. App. 426 ( 636 SE2d 145 ) (2006). 2 Walker v. State, 266 Ga. App. 788, 789 ( 598 SE2d 84 ) (2004). 3 Id. 4 (Citation, punctuation and footnote omitted.) Truitt v. State, 266 Ga. App. 56 ( 596 SE2d 219 ) (2004). 5 See Wallace v. State, 279 Ga. 26, 27 (1) ( 608 SE2d 634 ) (2005); Stewart v. State, 243 Ga. App. 468, 469 ( 533 SE2d 737 ) (2000). 6 See Helton v. State, 271 Ga. App. 272, 274 (a) ( 609 …
discussed Cited as authority (rule) Smith v. State (2×)
Ga. Ct. App. · 2006 · confidence medium
Blackburn, P. J., and Adams, J., concur. 1 (Citations omitted.) Barnett v. State, 275 Ga. App. 464 -465 (1) ( 620 SE2d 663 ) (2005). 2 (Punctuation and footnote omitted.) Helton v. State, 271 Ga. App. 272, 274 (a) ( 609 SE2d 200 ) (2005). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
discussed Cited as authority (rule) Best v. State
Ga. Ct. App. · 2006 · confidence medium
Smith, P. J., and Phipps, J., concur. 1 Best does not challenge his conviction for obstructing a law enforcement officer. 2 See Bussey v. State, 263 Ga. App. 56 ( 587 SE2d 134 ) (2003). 3 See id. 4 See Helton v. State, 271 Ga. App. 272, 274-276 (b) ( 609 SE2d 200 ) (2005); Barrow v. State, 269 Ga. App. 635, 636 (1) ( 605 SE2d 67 ) (2004); Bussey, supra at 59 (1) (b). 5 The testimony on the transcript page cited in Best’s brief does not, in any way, relate to “psychological responses.” We note, however, that Best raised no objection when Rhode testified at another point about reflexive re…
discussed Cited as authority (rule) Ryan v. State
Ga. Ct. App. · 2006 · confidence medium
“To support a conviction for possession with intent to distribute, OCGA § 16-13-30 (b), the state is required to prove more than mere possession.” (Punctuation and footnote omitted.) Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2005 · confidence medium
Johnson, P. J., and Barnes, J., concur. 1 Smith also was charged with possessing marijuana, but he pled guilty to that offense. 2 White v. State, 267 Ga. App. 200 (1) ( 598 SE2d 904 ) (2004). 3 See id. at 201 . 4 See Helton v. State, 271 Ga. App. 272, 274 (a) ( 609 SE2d 200 ) (2005). 5 See White, supra at 201 (2). 6 See id. 7 See Espinoza v. State, 265 Ga. 171, 172 (2) ( 454 SE2d 765 ) (1995) (“[T]he Fourth Amendment’s protection depends on whether a person has a reasonable expectation of privacy.”); Gravley v. State, 181 Ga. App. 400, 403 ( 352 SE2d 589 ) (1986) (“[T]he application of…
cited Cited as authority (rule) Barnett v. State
Ga. Ct. App. · 2005 · confidence medium
Helton v. State, 271 Ga. App. 272, 274 (a) ( 609 SE2d 200 ) (2005). 2.
discussed Cited "see" Perry Lopez Montgomery v. State (2×)
Ga. Ct. App. · 2020 · signal: see · confidence high
See Helton v. State, 271 Ga. App. 272, 275-276 (b) ( 609 SE2d 200 ) (2005); McNair v. State, 226 Ga. App. 516, 517 (1) ( 487 SE2d 100 ) (1997).
discussed Cited "see" Yates v. State (2×)
Ga. Ct. App. · 2010 · signal: accord · confidence high
Accord Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998). 4 (Punctuation and footnote omitted.) Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005). 5 Smith, supra at 353-354 (1); Daniels v. State, 278 Ga. App. 263, 266 (2) ( 628 SE2d 684 ) (2006) (whole court); Marshall, supra; Burse, supra at 730-731 (1).
discussed Cited "see" MacIas v. State (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See generally Helton v. State, 271 Ga. App. 272, 275 (b) ( 609 SE2d 200 ) (2005) (the packaging and the amount of drugs and currency found were relevant to question of possession with intent to distribute).
Retrieving the full opinion text from the archive…
Helton
v.
the State
A04A2088.
Court of Appeals of Georgia.
Jan 12, 2005.
609 S.E.2d 200
2005 Ga. App. LEXIS 21
Valpey & Parks, Leonard C. Parks, Jr., for appellant., Jason J. Deal, District Attorney, Lindsay H. Burton, Assistant District Attorney, for appellee.
Mlkell, Blackburn, Barnes.
Cited by 25 opinions  |  Published
MlKELL, Judge.

Donald Lemuel Helton appeals from a jury conviction for possession of methamphetamine with intent to distribute. In his sole enumeration of error, Helton argues that the trial court erred in denying his motion for new trial because the evidence was insufficient to support his conviction. We disagree and affirm.

On appeal the evidence must be viewed in the light most favorable to support the verdict, and [Helton] no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The jury’s verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. [1]

Viewed in this light, the evidence shows that at 2:30 a.m. on October 10, 1999, Sergeant Frank Sosebee of the Dawson County Sheriffs Office was patrolling the area of Amicalola Church Road and Georgia Highway 53 in Dawson County, when he noticed a car weave over the centerline. Sosebee decided to follow the car “and see how his driving behavior is.” Sosebee briefly lost the car, but caught up to it a short time later when it ran into the rear of a dump truck. Sosebee pulled up next to the vehicle and testified that he observed the following:

I saw Mr. Helton sitting behind the driver’s wheel. I saw him get out, start around the back of the car, and then he went up to the right side of the car and eased up the side of it. During the whole time, he had his hands on his belly, stomach. At that time I exited my car. I saw him lean over[*273] toward the right front of the car. At that time I drew my weapon, pointed at him, and told him I needed to see his hands____When [Helton] leaned over, I saw his hands move toward the grass, the sagebrush.

Helton then approached Sosebee and complained that his stomach hurt. Sosebee searched Helton and discovered four pocket knives. Sosebee next searched the area around Helton’s car, where he located “[a]t the right front corner up there where Mr. Helton leaned over ... [four] little corner [b] aggies, very small. Some of them [were] open. Some of them were still sealed up with little tie straps. There was a brown, whitish powdery substance. Some of them [were] little blocks, little bricks, they call it.” Sosebee found the baggies “[e]xactly where [Helton] stuck his hands right there in the brush____It was just right on the top of the mud laying underneath that sagebrush.”

Sosebee testified that the four baggies weighed 17 to 22 grams; that he is an expert in marijuana identification; that he has had advanced drug training; that he has been a law enforcement officer for over 19 years; that he has made anywhere from 500 to 1,000 drug arrests; that 8 to 22 grams of methamphetamine would not be for personal use; and that 8.5 grams of methamphetamine would have a street value of $700. Sosebee further testified that he has tested “meth” and cocaine; that methamphetamine is made or “comes in bricks”; and that the evidence seized from the sagebrush outside Helton’s car had the “coloration of meth.” Deputy Chase Johns of the Dawson County Sheriff s Office arrived on the scene to assist Sosebee. Johns conducted a consent search of Helton’s vehicle, but found nothing. After Helton was arrested, Johns conducted a pat-down search and discovered $2,788 in U. S. currency. During an interview, Helton told Investigator William Miller of the Dawson County Sheriffs Office that the money was his life savings, that he earned it from his previous job at the post office, that he planned to purchase a car with the money, and that he went to Pickens County around 10:00 p.m. the night before to look at a car.

Gretchen Hancock, a forensic scientist with the Georgia Bureau of Investigation, testified that she received two evidence bags containing several plastic bags with solid material in them, but tested only one of the evidence bags. The sample tested positive for methamphetamine, with a total weight of 8.7 grams.

Helton denied any knowledge of the drugs or placing anything in front of his vehicle. But, he acknowledged carrying $2,788 in cash that evening. He also testified that he left his house around 10:00 or 11:00 that evening to look at a car in Pickens County and that he walked directly toward Sosebee after exiting his vehicle.

[*274] a. Helton argues that the circumstantial evidence was not sufficient for the jury to convict him of possession of methamphetamine because it failed to exclude the reasonable theory that the bags containing the methamphetamine could have been left by another driver on the highway.

We disagree. The evidence presented at trial showed that Helton was the only individual on the scene besides law enforcement, that he acted suspiciously when exiting his vehicle, and that Sosebee found the bags of methamphetamine in the exact location where Helton had leaned over after exiting his vehicle. [2]

Further, although Helton denied any knowledge of the drugs, “[cjonflicts in the testimony of the witnesses . . . are a matter of credibility for the jury to resolve.” [3]

Helton’s reliance on Jordan v. State [4] and Mitchell v. State [5] is misplaced. In Jordan, the defendant was charged with possessing cocaine that was located outside his apartment in an unfenced common area, equally accessible by people other than the defendant. [6] In Mitchell, the defendant was charged with trafficking in cocaine that was located under the front passenger side floor mat of his girlfriend’s car. In that case, our Supreme Court found “no presumption of possession” because the defendant, a passenger in the vehicle, did not own or control the car. [7]

Here, as mentioned above, Helton was the only person on the scene except for law enforcement. An equal access claim was argued, charged to the jury, and apparently rejected by the jury. Based on the evidence presented at trial, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Helton possessed methamphetamine. [8]

b. Helton claims that, even if the evidence was sufficient for the jury to convict him of possession of methamphetamine, the state failed to prove he intended to distribute it. Specifically, Helton argues[*275] that officers found no drug paraphernalia on him or in his car; there was no evidence that the quantity of drugs found was consistent with distribution; and Sosebee was never qualified as an expert. We disagree.

To support a conviction for possession with intent to distribute, OCGA § 16-13-30 (b), the state is required to prove more than mere possession. [9] The state may show intent to distribute in many ways, including expert testimony that the amount of contraband possessed was inconsistent with personal use, evidence showing the manner of packaging, and the possession of certain amounts or denominations of currency. [10] Here, the evidence showed that the methamphetamine was divided into four small packages, with a total weight of over 8.7 grams, and that Helton had a large amount of cash in his pocket. Sosebee, an experienced narcotics investigator, testified that 8 to 22 grams was inconsistent with personal use.

We reject Helton’s contention that Sosebee’s testimony was insufficient because he was never qualified as an expert.

It is well established that expert testimony is not necessary to identify a substance, including drugs. And even if police officers are not formally tendered as expert witnesses, if an adequate foundation is laid with respect to their experience and training, their testimony regarding narcotics is properly admitted. [11]

Although Sosebee was never tendered as an expert, the state laid the foundation for his expert testimony, and the trial court overruled defense counsel’s objection to the opinions the sergeant gave based on[*276] his experience as a narcotics investigator. The evidence was sufficient to authorize the jury to find beyond a reasonable doubt that Helton intended to distribute the drugs.

Decided January 12, 2005. Valpey & Parks, Leonard C. Parks, Jr., for appellant. Jason J. Deal, District Attorney, Lindsay H. Burton, Assistant District Attorney, for appellee.

Judgment affirmed.

Blackburn, P. J., and Barnes, J., concur.
1

(Citations and footnotes omitted.) Haywood v. State, 248 Ga. App. 210 (546 SE2d 325) (2001). See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

2

See, e.g., Chambers v. State, 260 Ga. App. 48, 53 (2) (579 SE2d 71) (2003) (affirming conviction for possession of cocaine with intent to distribute where officers testified that they observed plastic hag of contraband drop from defendant’s hand; that they observed defendant’s hand make a downward motion; and that they observed neither of the other two individuals in the room make any motions or throw anything on the floor); Henderson v. State, 191 Ga. App. 275, 276-277 (1) (a) (381 SE2d 423) (1989) (affirming conviction for possession of marijuana where officer testified that he observed the defendant drop a plastic bag on the ground beside the driver’s door of the vehicle as he exited the vehicle).

3

(Citation and footnote omitted.) Riddle v. State, 267 Ga. App. 630 (1) (600 SE2d 709) (2004).

7

(Citation omitted.) Mitchell, supra at 593.

8

Jackson v. Virginia, supra.

9

See Maddox v. State, 227 Ga. App. 602, 603 (1) (490 SE2d 174) (1997).

10

See Way v. State, 252 Ga. App. 9, 10 (1) (555 SE2d 230) (2001), citing Bethea v. State, 220 Ga. App. 800, 801-802 (1) (470 SE2d 328) (1996). See, e.g., Nixon v. State, 258 Ga. App. 343, 346 (2) (574 SE2d 404) (2002) (evidence authorized conviction for possession of cocaine with intent to distribute: four baggies of cocaine were found in the glove compartment of the defendant’s car; the defendant had $3,256.50 in his possession in denominations of ones, fives, tens, twenties, fifties, and hundreds, even though he said he was unemployed; and a qualified law enforcement officer testified that the amount and packaging of the cocaine, and the amount and denominations of the currency, were consistent with possession of the cocaine for the purpose of distribution rather than personal use); Maddox, supra at 603 (evidence sufficient to support conviction of possession of methamphetamine with intent to distribute: methamphetamine was packaged in four separate, small plastic bags with a total weight of 4.3 grams and large bag of white powder, a syringe, and a vial of milky liquid were found in defendant’s pocket); Bowers v. State, 195 Ga. App. 522 (1) (394 SE2d 141) (1990) (evidence that crack cocaine was packaged in four small plastic bags authorized jury to infer that defendant possessed crack cocaine with intent to distribute).

11

(Citation, punctuation and footnote omitted.) Bilow v. State, 262 Ga. App. 850, 851 (1) (586 SE2d 675) (2003). See also Lindley v. State, 225 Ga. App. 338, 340-341 (1) (484 SE2d 33) (1997).