Burse v. State, 503 S.E.2d 638 (Ga. Ct. App. 1998). · Go Syfert
Burse v. State, 503 S.E.2d 638 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
55 citation events (44 in the last 25 years) across 1 distinct court.
Strongest positive: Anthony Bernard Taylor v. State (gactapp, 2018-02-02)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 19 distinct citers.
cited Cited as authority (rule) Anthony Bernard Taylor v. State
Ga. Ct. App. · 2018 · confidence medium
Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998).
discussed Cited as authority (rule) Joe Thomas v. State
Ga. Ct. App. · 2013 · confidence medium
See, e.g., Horne v. State, 318 Ga. App. 484, 487 (1) ( 733 SE2d 487 ) (2012) (An officer’s opinion that the amount of cocaine in defendant’s possession was greater than that normally kept for personal use and was separately packaged for distribution authorized the jury to find that the 3 defendant possessed the cocaine with intent to distribute.); Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998) (accord). 2.
discussed Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 2013 · confidence medium
See, e.g., Horne v. State, 318 Ga. App. 484, 487 (1) ( 733 SE2d 487 ) (2012) (An officer’s opinion that the amount of cocaine in defendant’s possession was greater than that normally kept for personal use and was separately packaged for distribution authorized the jury to find that the defendant possessed the cocaine with intent to distribute.); Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998) (accord). 2.
examined Cited as authority (rule) Horne v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
(Citations and punctuation omitted.) Burse v. State, 232 Ga.App. 729, 730 (1) ( 503 SE2d 638 ) (1998).
examined Cited as authority (rule) Curtis Horne v. State (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
(Citations and punctuation omitted.) Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998).
examined Cited as authority (rule) Yates v. State (3×) also: Cited "see"
Ga. Ct. App. · 2010 · confidence medium
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 as authority (rule) Walton v. State
Ga. Ct. App. · 2008 · confidence medium
See also Walker v. State, 282 Ga. 406, 407-408 (1) ( 651 SE2d 12 ) (2007). 3 Noble, supra at 312 . 4 (Footnote omitted.) Id. 5 See, e.g., Fitzpatrick v. State, 271 Ga. App. 804 ( 611 SE2d 95 ) (2005) (evidence was not circumstantial, but consisted of direct testimony of loss prevention officer who witnessed theft of DVD player). 6 See OCGA § 24-9-65; Pittman v. State, 274 Ga. 260, 262 (2) ( 553 SE2d 616 ) (2001), citing Medlock v. State, 263 Ga. 246, 248 (3) ( 430 SE2d 754 ) (1993). 7 (Citation and punctuation omitted.) Jenkins v. State, 240 Ga. App. 102, 104 (2) ( 522 SE2d 678 ) (1999). 8 Se…
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2008 · confidence medium
See Tran v. State, 289 Ga. App. 89, 90 (1) ( 656 SE2d 229 ) (2008); Daniels v. State, 278 Ga. App. 263, 266 (2) ( 628 SE2d 684 ) (2006); Marshall v. State, 273 Ga. App. 17, 19 (2) ( 614 SE2d 169 ) (2005); Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998). 2.
examined Cited as authority (rule) Daniels v. State (3×) also: Cited "see"
Ga. Ct. App. · 2006 · confidence medium
NOTES [1] (Citations omitted.) Leon-Velazquez v. State, 269 Ga.App. 760 , 605 S.E.2d 400 (2004). [2] 496 U.S. 325 , 110 S.Ct. 2412 , 110 L.Ed.2d 301 (1990). [3] Id. at 327 , 110 S.Ct. 2412 . [4] Id. [5] Id. [6] Id. at 332 , 110 S.Ct. 2412 . [7] Id. [8] Id. [9] 529 U.S. 266 , 120 S.Ct. 1375 , 146 L.Ed.2d 254 (2000). [10] Id. at 268, 120 S.Ct. 1375 . [11] Id. [12] Id. at 271, 120 S.Ct. 1375 . [13] 277 Ga.App. 520 , 627 S.E.2d 145 (2006). [14] (Citation omitted.) Edgerton v. State, 237 Ga. App. 786, 788 , 516 S.E.2d 830 (1999). [15] Talbot v. State, 261 Ga.App. 12, 13 (1), 581 S.E.2d 669 (2003). …
discussed Cited as authority (rule) Alexander v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2003 · confidence medium
Johnson, P. J., and Eldridge, J., concur. 1 Shabazz v. State, 229 Ga. App. 465 (1) ( 494 SE2d 257 ) (1997). 2 (Citations omitted.) Weems v. State, 269 Ga. 577, 579 (2) ( 501 SE2d 806 ) (1998). 3 Id. 4 240 Ga. App. 37 ( 522 SE2d 543 ) (1999). 5 Id. at 39 (2). 6 Id. at 39-40 (2). 7 OCGA § 24-9-20 (b). 8 Fuller v. State, 230 Ga. App. 219, 221 (2) ( 496 SE2d 303 ) (1998). 9 Lindley v. State, 225 Ga. App. 338, 341 (1) ( 484 SE2d 33 ) (1997). 10 Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998).
discussed Cited as authority (rule) Talbot v. State
Ga. Ct. App. · 2003 · confidence medium
See, e.g., Watkins v. State, 253 Ga. App. 382, 385 (3) ( 559 SE2d 133 ) (2002) (testimony that amount of money and cocaine was consistent with drug sales was sufficient to support verdict of intent to distribute); Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998) (testimony regarding packaging and quantity of cocaine plus similar transaction was sufficient to support verdict of intent to distribute). 2.
discussed Cited as authority (rule) Watkins v. State
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J., and Eldridge, J., concur. 1 See Dyke v. State, 232 Ga. 817, 825 (III) ( 209 SE2d 166 ) (1974). 2 See Johnson v. State, 126 Ga. App. 93, 96 (3) ( 189 SE2d 900 ) (1972). 3 Lynn v. State, 251 Ga. App. 155, 157 (2) (a) ( 553 SE2d 836 ) (2001). 4 See id. 5 See Johnson v. State, 250 Ga. App. 245, 246-247 (1) ( 550 SE2d 113 ) (2001). 6 Hash v. State, 248 Ga. App. 456, 457 (1) ( 546 SE2d 833 ) (2001). 7 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 8 Id.; see also Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 9 See Price v. State, 240 Ga. App…
discussed Cited as authority (rule) Bodiford v. State
Ga. Ct. App. · 2000 · confidence medium
Blackburn, P. J., and Barnes, J., concur. 1 (Citation omitted.) Visser v. State, 237 Ga. App. 798, 799-800 ( 516 SE2d 840 ) (1999). 2 Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998). 3 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
cited Cited as authority (rule) Atkinson v. State
Ga. Ct. App. · 2000 · confidence medium
Burse v. State, 232 Ga. App. 729, 730-731 (1) ( 503 SE2d 638 ) (1998).
discussed Cited as authority (rule) Russell v. State
Ga. Ct. App. · 2000 · signal: cf. · confidence medium
Pope, P. J., and Smith, J., concur. 1 (Citation omitted.) Smith v. State, 237 Ga. App. 77 (1) ( 514 SE2d 710 ) (1999); see White v. State, 238 Ga. App. 367 (1) ( 519 SE2d 13 ) (1999). 2 Smith, supra, 237 Ga. App. at 77 (1). 3 Supra, 443 U. S. at 307 . 4 See Smith v. State, 210 Ga. App. 451, 452 (3) ( 436 SE2d 562 ) (1993); compare Adkinson v. State, 236 Ga. App. 270, 271 (1) (a) ( 511 SE2d 527 ) (1999) (Georgia Bureau of Investigation chemist thought green leafy material was marijuana but did not test it); cf. Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998) (even if police of…
cited Cited as authority (rule) McNair v. State
Ga. Ct. App. · 1999 · confidence medium
Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998); Lindley v. State, 225 Ga. App. 338, 341 (1) ( 484 SE2d 33 ) (1997). 4.
discussed Cited "see" Bradley v. State (2×)
Ga. Ct. App. · 2008 · signal: see · confidence high
See Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998) (although the police officers were not formally tendered by the State as expert witnesses, the prosecutor laid the foundation for their opinions by eliciting testimony about their experience in drug enforcement, training in drug interdiction, and knowledge of the customary methods employed in the use and sale of cocaine); see also Lindley v. State, 225 Ga. App. 338, 341 (1) ( 484 SE2d 33 ) (1997) (trial court implicitly accepted officer as an expert even though the officer was not tendered to the court as an expert by the St…
discussed Cited "see" Marshall v. State (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Burse v. State, 232 Ga. App. 729, 730 (1) ( 503 SE2d 638 ) (1998).
discussed Cited "see" Smiley v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Burse v. State, 232 Ga. App. 729, 731 (2) ( 503 SE2d 638 ) (1998); Howard v. State, 220 Ga. App. 579, 583 (2) ( 469 SE2d 746 ) (1996).
Burse
v.
the State
A98A0545.
Court of Appeals of Georgia.
Jun 3, 1998.
503 S.E.2d 638
Larry L. Duttweiler, for appellant., Daniel J. Porter, District Attorney, James M. Miskell, Assistant District Attorney, for appellee.
Smith, Birdsong, Johnson.
Cited by 21 opinions  |  Published
Smith, Judge.

Roger Keith Burse was indicted by a Gwinnett County grand jury on one count of possession of cocaine with intent to distribute, OCGA § 16-13-30 (b). He was convicted by a jury, his motion for new trial was denied, and he appeals. Finding no error, we affirm.

Construed to support the verdict, the evidence shows that officers of the narcotics division of the Gwinnett County police department executed a search warrant at a residence. When the officers entered the house, they found one individual in the bathroom and three others, including Burse, in the living room. They “patted everybody down for officer safety,” and one of the officers found a plastic bag containing what appeared to be crack cocaine in Burse’s pocket. The plastic bag contained ten individual pieces wrapped in[*730] “little tinfoil balls” as well as small green ziplock bags. Burse also had approximately $200 in cash on his person. Burse’s arrest and conviction for possession of cocaine with intent to distribute 18 months earlier was introduced as a similar transaction under a limiting instruction from the trial court.

Burse presented evidence at trial that he was unaware the cocaine was in his pants pocket and that he had borrowed the pants from his brother-in-law. But the State presented opposing evidence, including testimony that Burse did not express surprise and did not deny ownership of the cocaine at the time of its discovery, that Burse was a much larger man than his brother-in-law, and that the pants Burse was wearing at the time of his arrest fit him “very well.”

1. While Burse asserts the general grounds, his argument on the sufficiency of the evidence is limited to the contention that the evidence failed to demonstrate his possession of cocaine with intent to distribute. It is true that mere possession of cocaine, without more, will not support a conviction for possession with intent to distribute. Wright v. State, 154 Ga. App. 400, 401-402 (268 SE2d 378) (1980). But additional evidence may support proof of intent to distribute, including “the packaging of the contraband, possession of certain amounts or denominations of currency, a prior possession with intent to distribute conviction, and expert testimony that the amount of contraband possessed was consistent with larger amounts usually held for sale rather than for personal use.” (Citations and punctuation omitted.) McNair v. State, 226 Ga. App. 516, 517 (487 SE2d 100) (1997). Here, the State offered Burse’s earlier guilty plea to possession of cocaine with intent to distribute, as well as the testimony of several officers that, based on their experience as narcotics investigators, the cocaine in Burse’s pocket was packaged for distribution. One officer also testified that, in his opinion, the amount of cocaine in Burse’s possession was greater than that normally kept for personal use.

The two police officers properly testified that the amount of cocaine found was inconsistent with personal use and consistent with an intent to sell. As in Bacon v. State, 225 Ga. App. 326 (483 SE2d 894) (1997), although the police officers were not formally tendered by the State as expert witnesses, the prosecutor laid the foundation for their opinions by eliciting testimony about their experience in drug enforcement, training in drug interdiction, and knowledge of the customary methods employed in the use and sale of cocaine. Compare McNair, supra (officer not qualified as expert and prosecutor elicited no background information from which jury could infer expertise). In addition, Burse never objected to the officers’ opinions based on their experience and training. This evidence allowed the jury to find that Burse possessed cocaine with intent to distribute[*731] and to exclude the theory that Burse possessed the drug for personal use. Maddox v. State, 227 Ga. App. 602, 603 (1) (490 SE2d 174) (1997).

Moreover, Burse’s attorney, not the State, was the first to raise this issue during cross-examination of one of the officers. Burse cannot complain of a ruling caused in whole or in part by his own trial tactics or conduct. He may not ask a question and then demand reversal on appeal because the question elicited a damaging answer. Gill v. State, 229 Ga. App. 462, 463 (1) (494 SE2d 259) (1997).

This evidence authorized a rational trier of fact to find the appellant guilty beyond a reasonable doubt of the offense of possession of cocaine with intent to distribute. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). See Davis v. State, 200 Ga. App. 44 (406 SE2d 555) (1991).

2. Burse next complains of the trial court’s instruction to the jury, claiming that the trial court failed to make clear the distinction between possession of cocaine with intent to distribute and the lesser included offense of simple possession of cocaine. He contends this deprived him of his defense that he lacked intent to distribute the cocaine. But the trial court fully charged the jury on the principles of intent, mere presence, and mere association, as well as the elements of the offense of possession of cocaine with intent to distribute. The trial court also charged the jury on the lesser included offense of simple possession in language taken directly from the Suggested Pattern Jury Charge on this issue adopted by the Council of Superior Court Judges. See Suggested Pattern Jury Instructions, Vol. II, Criminal Cases, p. 15 (2nd ed. 1991). [1]

Burse, citing no pertinent authority, complains that the charge was error because it failed to use the words “lesser included offense.” The pattern charge does not contain the language sought by Burse, and there is no merit in his contention that the charge as given foreclosed or limited the jury’s consideration of the lesser included offense. Woods v. State, 208 Ga. App. 565 (1) (431 SE2d 167) (1993). See also Duggan v. State, 225 Ga. App. 291, 295-296 (4) (483 SE2d 373) (1997).

3. Burse’s final contention, that the revision of the sentencing provisions of OCGA § 16-13-30 (d) should be applied to him retroactively, was raised and rejected in Jackson v. State, 223 Ga. App. 471, 472 (2) (477 SE2d 893) (1996).

Judgment affirmed.

Birdsong, P. J., and Johnson, J., concur. [*732] Decided June 3, 1998. Larry L. Duttweiler, for appellant. Daniel J. Porter, District Attorney, James M. Miskell, Assistant District Attorney, for appellee.
1

Burse’s attorney acknowledged that the trial court “clearly defined possession with intent and possession.”