Anderson v. State, 441 S.E.2d 268 (Ga. Ct. App. 1994). · Go Syfert
Anderson v. State, 441 S.E.2d 268 (Ga. Ct. App. 1994). Cases Citing This Book View Copy Cite
13 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Laura Rich v. State
Ga. Ct. App. · 2020 · confidence medium
Acres, Inc. v. Mommies Properties, LLC, 338 Ga. App. 569, 579 ( 790 SE2d 824 ) (2016) (“argument of counsel and unsworn statements made at a trial court hearing [do not] constitute competent evidence”); Watson v. Ga. Dept. of Transp., 288 Ga. App. 40, 42, n. 2 ( 653 SE2d 763 ) (2007) (holding that counsel’s statements at a hearing are not evidence). 12 (Footnote omitted.) Doe, 354 Ga. at 396-397 (1), citing Overby v. State, 315 Ga. App. 735, 738-39 ( 728 SE2d 278 ) (2012) & Anderson v. State, 212 Ga. App. 329, 329 ( 442 SE2d 268 ) (1994). 6
discussed Cited as authority (rule) Joseph Patrick Wright v. State
Ga. Ct. App. · 2020 · confidence medium
Markle and Colvin, JJ., concur. 10 See Henley v. State, 317 Ga. App. 776, 778 (1) (a) ( 732 SE2d 836 ) (2012) (reversing revocation of probation when the trial court relied solely on hearsay). 11 Cf. Beavers v. State, 346 Ga. App. 373, 377 (1) ( 816 SE2d 384 ) (2018) (“If the State presents evidence that a defendant owned or controlled premises where contraband was found, it gives rise to a rebuttable presumption that the defendant possessed the contraband.”) (citation and punctuation omitted). 12 See Scott, 305 Ga. App. at 599 (reversing probation revocation where defendant was a passenge…
discussed Cited as authority (rule) John Doe v. State
Ga. Ct. App. · 2020 · confidence medium
Such arguments are not evidence, and the trial court erred to the extent it relied on such arguments in making its ruling.” (emphasis omitted)). 8 See Overby v. State, 315 Ga. App. 735, 738-39 ( 728 SE2d 278 ) (2012) (holding that vague testimony was insufficient to meet preponderance of the evidence standard of proof); Anderson v. State, 212 Ga. App. 329, 330 ( 442 SE2d 268 ) (1994) (“There was ‘slight’ evidence that defendant committed the alleged violation; but there was not a ‘preponderance’ of evidence.”); see also In re Nora, 581 BR 870 , 879 (1) (USBC D Minn. 2018) (explai…
discussed Cited as authority (rule) Gray v. State
Ga. Ct. App. · 2011 · confidence medium
See Brown v. State, 294 Ga. App. 1, 5-6 (2) ( 668 SE2d 490 ) (2008) (evidence that probationer sitting outside house and cocaine visible through glass storm door slight evidence of possession but not preponderance sufficient to revoke probation); Anderson v. State, 212 Ga. App. 329, 329-330 ( 442 SE2d 268 ) (1994) (defendant’s presence in mother’s house when drugs found in her bedroom slight evidence of possession but not preponderance).
discussed Cited as authority (rule) Scott v. State
Ga. Ct. App. · 2010 · confidence medium
Pope, Jr., concur. 1 OCGA § 16-13-30 (a). 2 OCGA § 16-13-25 (8). 3 Mullens v. State, 289 Ga. App. 872, 872 ( 658 SE2d 421 ) (2008). 4 The allegation that Scott was in arrears on the payment of the court-ordered fine was ultimately dropped. 5 Kier v. State, 292 Ga. App. 208, 209 (1) ( 663 SE2d 832 ) (2008). 6 Mitchell v. State, 268 Ga. 592, 593 ( 492 SE2d 204 ) (1997). 7 Brown v. State, 294 Ga. App. 1, 5 (2) ( 668 SE2d 490 ) (2008). 8 Anderson v. State, 212 Ga. App. 329, 329-330 ( 442 SE2d 268 ) (1994). 9 Gonzdles v. State, 276 Ga. App. 11, 13 ( 622 SE2d 401 ) (2005).
discussed Cited "see" Brown v. State
Ga. Ct. App. · 2008 · signal: accord · confidence high
Accord Barnett v. State, 194 Ga. App. 892, 893 ( 392 SE2d 322 ) (1990) (whole court) (“in this jurisdiction hearsay evidence is inadmissible in a probation revocation proceeding”) (citations omitted). 12 See Patterson, supra at 102-103 (1) (conviction reversed where officer’s testimony concerning call from someone identifying himself as defendant was inadmissible hearsay because officer could not identify defendant’s voice and defendant did not later corroborate conversation). 13 (Citation omitted.) Barnett, supra. 14 (Citation and footnote omitted.) Brown, supra at 331 . 15 (Citations…
discussed Cited "see" Jordan v. State (2×)
Ga. Ct. App. · 2006 · signal: see · confidence high
See generally Anderson v. State, 212 Ga. App. 329 ( 441 SE2d 268 ) (1994).
Retrieving the full opinion text from the archive…
ANDERSON
v.
State
A94A0468.
Court of Appeals of Georgia.
Mar 8, 1994.
441 S.E.2d 268
W. Donald Kelly, for appellant., Alan A. Cook, District Attorney, for appellee.
McMurray.
Cited by 12 opinions  |  Published
McMurray, Presiding Judge.

Defendant was on probation for selling cocaine. The State sought the revocation of defendant’s probation on the ground that he had been found in possession of cocaine with intent to distribute. The trial court revoked defendant’s probation and he filed an application for a discretionary appeal. We granted defendant’s application and this appeal followed. In his sole enumeration of error, defendant asserts the evidence was insufficient to support the revocation of his probation. Held:

The following evidence was adduced upon the revocation of probation hearing: The police executed a “no-knock” search warrant at a house leased by Lucille Anderson, defendant’s mother. Pursuant to their search, the police found a quantity of crack cocaine in a film box. They also found approximately $1,600 or $1,700. The box and the money were discovered on or near defendant’s mother’s bed. Defendant’s mother, defendant’s brother, defendant, and another individual were in close proximity when the police entered the house. Defendant, his brother, and the other individual were standing; defendant’s mother was sitting in a chair (she was very obese and found it difficult to move about). Defendant, his mother and his brother had all been convicted previously of drug violations. Defendant’s brother ran out of the house; defendant and the other individual remained standing where they were. Defendant did not live in the house; he lived elsewhere with his girl friend. He told the police that he was working on the day of the raid. Nevertheless, he was arrested and searched; nothing was found on his person. The investigating officer testified that he never saw defendant at the house during the period of time it was under surveillance.

There was “slight” evidence that defendant committed the alleged violation; but there was not a “preponderance” of evidence. See OCGA § 42-8-34.1 (a). See generally State v. Jones, 196 Ga. App. 896, 897 (397 SE2d 209). Boiling the evidence down, we find a previously convicted drug violator in his mother’s house when the police executed a search warrant, nothing more. Defendant’s mother was a previously convicted drug violator too; the cocaine and money were in defendant’s mother’s possession; nothing was found on defendant’s person. During the period of time in which the house was under surveillance, defendant had not been seen entering or leaving the house. In our view, this evidence did not establish by a preponderance of the[*330] evidence that defendant violated his probation by possessing cocaine with intent to distribute. See Parker v. State, 155 Ga. App. 617 (271 SE2d 871) (mere presence in and of itself will not justify a conviction).

Decided March 8, 1994. W. Donald Kelly, for appellant. Alan A. Cook, District Attorney, for appellee.

Judgment reversed.

Pope, C. J., and Smith, J., concur.