Scott v. State, 757 S.E.2d 106 (Ga. 2014). · Go Syfert
Scott v. State, 757 S.E.2d 106 (Ga. 2014). Cases Citing This Book View Copy Cite
“statute is to be construed to give sensible and intelligent effect to all its provisions and to refrain from any interpretation 11 which renders any part of the statute meaningless.”
95 citation events (95 in the last 25 years) across 4 distinct courts.
Strongest positive: Carter v. State (ga, 2026-02-17)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 30 distinct citers.
discussed Cited as authority (verbatim quote) Carter v. State
Ga. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
statute is to be construed to give sensible and intelligent effect to all its provisions and to refrain from any interpretation 11 which renders any part of the statute meaningless.
examined Cited as authority (quoted) The State v. Osborne (4×) also: Cited as authority (rule), Cited "see"
Ga. Ct. App. · 2015 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a statute is to be construed to give sensible and intelligent effect to all its provisions and to refrain from any interpretation which renders any part of the statute meaningless.
examined Cited as authority (rule) T. Davis Humphries v. Newton County Board of Commissioners (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2023 · confidence medium
Also, whereas the current version allows ‘any person, group, or legal entity’ to bring a cause of action, the pre-2019 version specified that ‘[a]ny person or entity who suffered injury or damages as a result’ of a violation of the statute could bring an action ‘to seek injunctive relief.’” (citation omitted)). 30 See Scott, 295 Ga. at 41 (2) (“In a 2013 amendment to [the statute], the General Assembly deleted ‘knowingly,’ . . . throughout subsection (a). . . . [S]uch change is consistent with legislative confirmation that proof of a defendant’s knowledge of each element …
discussed Cited as authority (rule) Carrier v. Ravi Zacharias International Ministries, Inc.
N.D. Ga. · 2022 · confidence medium
Because the General Assembly saw fit to distinguish charitable organizations from paid solicitors and solicitor agents, this Court must construe the statute “to give sensible and intelligent effect to all its provisions and to refrain from any interpretation which renders any part of the statute meaningless.” , 295 Ga. 39, 40 (2014) (quotation marks omitted).
discussed Cited as authority (rule) Quenton Duffie v. State
Ga. Ct. App. · 2021 · confidence medium
Prior to 2013, § 16-13-31 (e) had provided in part: Any person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine[.]10 The current version provides in relevant part: Except as authorized by this article, any person who sells, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amp…
discussed Cited as authority (rule) Maverick Brown v. State
Ga. Ct. App. · 2020 · confidence medium
That it turned out to be 12 pounds sufficed to support a finding of guilt for possessing a trafficking amount under OCGA § 16-13-31 (c). 15 See Scott v. State, 295 Ga. 39, 41-42 (2) ( 757 SE2d 106 ) (2014) (explaining that in 2013, the General Assembly deleted the word “knowingly” from OCGA § 16- 13-31).
discussed Cited as authority (rule) Gerbert v. State
Ga. Ct. App. · 2016 · confidence medium
Phagan, 268 Ga. at 277-78 (3) (c) (“[Sjerious constitutional doubts would be raised by a statute completely bereft of a scienter requirement as to the age of the performers depicted in the child pornography”) (punctuation omitted) (citing United States v. X-Citement Video, 513 U.S. 64, 78 ( 115 S. Ct. 464 , 130 LE2d 372) (1994)). 4 In a subsequent case, citing Phagan , our Supreme Court observed that when criminal statutes introduce the elements of a crime with the word “knowingly,” the statute “is ordinarily construed as applying that word to each element of the offense.” Scott v.…
discussed Cited as authority (rule) Alexander Sean Gerbert v. State
Ga. Ct. App. · 2016 · confidence medium
In a subsequent case, citing Phagan, our Supreme Court observed that when criminal statutes introduce the elements of a crime with the word “knowingly,” the statute “is ordinarily construed as applying that word 4 In X-Citement Video, the United States Supreme Court interpreted the term “knowingly” found in 18 U.S.C. § 2252 , a federal statue criminalizing certain activities involving the sexual exploitation of minors, and concluded that the scienter requirement applied to the sexually explicit nature of the material and to the age of the performers. 513 U.S. at 68–79. 19 to each …
cited Cited as authority (rule) Hampton v. the State
Ga. Ct. App. · 2016 · confidence medium
Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014).
discussed Cited as authority (rule) Earl Alphonso McCants v. State
Ga. Ct. App. · 2016 · confidence medium
Our Supreme Court, in Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014), determined that the version of OCGA § 16-13-31 (a) (1) applicable here “contains express scienter requirements, that is, knowledge of the nature and amount of the drug and of being in possession of it.” Given that “‘knowledge’ is made part of the offense, the State has the burden of 4 The current, amended, version of OCGA § 16-13-31 omits the word “knowingly,” but as the amendment became effective July 1, 2013, it does not apply to McCants’s case as the underlying offense occurred in 2011.
discussed Cited as authority (rule) McCants v. State
Ga. Ct. App. · 2016 · confidence medium
Our Supreme Court, in Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014), determined that the version of OCGA § 16-13-31 (a) (1) applicable here “contains express scienter requirements, that is, knowledge of the nature and amount of the drug and of being in possession of it.” Given that “ ‘knowledge’ is made part of an offense, the State has the burden to prove the defendant’s guilty knowledge.” (Citation omitted.) Id.
discussed Cited as authority (rule) Lamb v. the State
Ga. Ct. App. · 2016 · confidence medium
Dillard and Peterson, JJ., concur. 1 Bryant v. State, 320 Ga.App. 504, 506 (1) ( 740 SE2d 247 ) (2013). 2 Id. (citation omitted). 3 Weathersby v. State, 263 Ga. App. 341, 343 (4) ( 587 SE2d 836 ) (2003) (punctuation and footnote omitted). 4 See id. 5 See Cleveland v. State, 218 Ga.App. 661, 664 (4) ( 463 SE2d 36 ) (1995) (“Hurrying to a verdict because of anxiety about keeping an important medical appointment relating to the juror’s own health could itself infect the verdict.”), overruled in part on other grounds by Scott v. State, 295 Ga. 39, 42 (3), n. 4 ( 757 SE2d 106 ) (2014).
discussed Cited as authority (rule) State v. Kent Richland, Jr. (2×)
Vt. · 2015 · confidence medium
Stat. Ann. § 18-1-503 (4) (“When a statute defining an offense prescribes as an element thereof a specified culpable mental state, that mental state is deemed to apply to every element of the offense unless an intent to limit its application clearly appears.”); State v. Denby, 668 A.2d 682, 686 (Conn. 1995) (explaining that “when one and only one [term designating a mental state] appears in a statute defining an offense, it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears”); Scott v. State, 757 S.E.2d 106, 107 (Ga. 2014) (e…
discussed Cited as authority (rule) Scott v. State (2×)
Ga. Ct. App. · 2015 · confidence medium
In Scott v. State, 295 Ga. 39 ( 757 SE2d 106 ) (2014), our Supreme Court overruled a long line of cases on the knowledge required to prove trafficking in cocaine under the former version of OCGA § 16-13-31 (a) (l). 1 Accordingly, the Supreme Court reversed the part of our holding in Scott v. State, 320 Ga. App. XXVI (March 11, 2013) (unpublished), in which we relied on that precedent to affirm Scott’s conviction, and directed us upon remand “to determine whether the evidence at trial was sufficient to prove beyond a reasonable doubt that [Kenneth] Scott knew that the cocaine he possessed …
discussed Cited as authority (rule) Kenneth Bernard Scott v. State (2×)
Ga. Ct. App. · 2015 · confidence medium
The offense at issue here was alleged to have occurred in September 2009. evidence at trial was sufficient to prove beyond a reasonable doubt that Scott knew that the cocaine he possessed weighed 28 grams or more.” Scott, 295 Ga. at 42 (3), n.5.
examined Cited as authority (rule) Carlos Robinson v. State (3×)
Ga. Ct. App. · 2015 · confidence medium
We disagree. 6 Former OCGA § 16-13-31 (a) (1),2 which was in effect during Robinson’s October 2008 trial, provided in relevant part: Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine . . . in violation of this article commits the felony offense of trafficking in cocaine[.] (Emphasis supplied.) According to our Supreme Court, “[t]he plain language of [former] OCGA § 16-13-31 (a) (1) . . . dictates the conclusion that knowledge of…
examined Cited as authority (rule) Robinson v. State (3×)
Ga. Ct. App. · 2015 · confidence medium
Former OCGA § 16-13-31 (a) (l), 2 which was in effect during Robinson’s October 2008 trial, provided in relevant part: Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine ... in violation of this article commits the felony offense of trafficking in cocaine [.] (Emphasis supplied.) According to our Supreme Court, “[t]he plain language of . . . former OCGA § 16-13-31 (a) (1) . . . dictates the conclusion that knowledge of the quanti…
discussed Cited as authority (rule) Griffin v. the State (2×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
(The statute has since been amended to delete the word “knowingly.” See Scott v. State, 295 Ga. 39, 40-41 (1), (2) & n. 1 ( 757 SE2d 106 ) (2014).) OCGA § 16-13-30 (j) (1) provides, “[i]t shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.” The evidence described above supports the jury’s determination that Griffin committed the offenses of cocaine trafficking and possession of marijuana with intent to distribute.
examined Cited as authority (rule) Levin v. Morales (4×)
Ga. · 2014 · confidence medium
Recently, this Court did just that in Scott v. State, 295 Ga. 39 ( 757 SE2d 106 ) (2014), deciding that the longstanding judicial understanding of the elements of trafficking in cocaine under former OCGA § 16-13-31 (a) (1) was in error, and holding that proof of trafficking under that version of the statute required “proof that the defendant had knowledge of the weight of the cocaine,” 295 Ga. at 42 (3), several precedents of the Court of Appeals to the contrary notwithstanding.
discussed Cited "see" Kevin Royal v. State (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Ga. L. 2013 at 227. 5 That deletion is significant, as our Supreme Court explained in Scott v. State, 295 Ga. 39 ( 757 SE2d 106 ) (2014).
examined Cited "see" STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC. (4×)
Ga. · 2022 · signal: see · confidence high
See Scott v. State, 295 Ga. 39, 40 (1) (757 SE2d 106) (2014) (“[A] statute is to be construed to give sensible and intelligent effect to all its provisions and to refrain from any interpretation which renders any part of the statute meaningless.” (citation and punctuation omitted)).
discussed Cited "see" CROMARTIE v. the STATE. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Scott v. State , 295 Ga. 39 , 41-42 (2), 757 S.E.2d 106 (2014).
examined Cited "see" Brown v. the State (4×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014).
examined Cited "see" Summerville v. the State (7×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014).
discussed Cited "see" Juan Manuel Estrada-Nava v. State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014) (the State has to prove defendant’s knowledge of the nature and amount of the drug and of being in possession of it); Harrison v. State, 309 Ga. App. 454, 456 (2) ( 711 SE2d 35 (2011).
discussed Cited "see" Estrada-Nava v. State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Scott v. State, 295 Ga. 39, 40 (1) ( 757 SE2d 106 ) (2014) (the State has to prove defendant’s knowledge of the nature and amount of the drug and of being in possession of it); Harrison v. State, 309 Ga. App. 454, 456 (2) ( 711 SE2d 35 ) (2011).
discussed Cited "see" Childs v. the State (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Scott v. State. 295 Ga. 39, 41 (2) ( 757 SE2d 106 ) (2014). 6 Neither Childs nor the State requested a jury charge on any lesser included offenses. 7 See Nixon v. State, 258 Ga. App. 343, 346 (2) ( 574 SE2d 404 ) (2002) (unemployment status coupled with large amount of drugs can be evidence of intent to distribute); Navicky v. State, 245 Ga. App. 284, 285-286 (3) ( 537 SE2d 740 ) (2000) (presumption arises that a person in control of an automobile possesses contraband found therein); Stewart v. State, 232 Ga. App. 565, 566 (1) ( 502 SE2d 502 ) (1998) (4.9 grams of cocaine is sale amount no…
discussed Cited "see" Freeman v. the State (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Ga. L. 20Í3, p. 222, § 4. 4 See OCGA §§ 16-13-30 (j) (1); 16-13-2 (b). 5 Davenport v. State, 308 Ga. App. 140, 142 (1) ( 706 SE2d 757 ) (2011); see Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979). 6 Davenport, 308 Ga. App. at 142-43 (1) (punctuation omitted); see Jackson, 443 U. S. at 319 an) (B). 7 Davenport, 308 Ga. App. at 143 (1) (punctuation omitted). 8 See supra note 3. 9 Former OCGA § 16-13-31 (a) (1) (2003) (emphasis supplied). 10 295 Ga. 39 ( 757 SE2d 106 ) (2014). 11 Id. at 40 (1) (footnote omitted). 12 Id. 13 Id.; accord Phagan v. State…
examined Cited "see" Prado v. State (3×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Scott v. State, 295 Ga. 39 (3) ( 757 SE2d 106 ) (2014), overruling Cleveland v. State, 218 Ga. App. 661, 662-663 (1) ( 463 SE2d 36 ) (1995) and its progeny.
discussed Cited "see, e.g." Wetzel v. State (2×)
Ga. · 2015 · signal: see also · confidence medium
See also Scott v. State, 295 Ga. 39, 40 ( 757 SE2d 106 ) (2014) (“[A] statute is to be construed to give sensible and intelligent effect to all its provisions and to refrain from any interpretation which renders any part of the statute meaningless.” (citation and punctuation omitted)).
Scott
v.
the State
S13G1042.
Supreme Court of Georgia.
Mar 28, 2014.
757 S.E.2d 106
Robert L. Persse, for appellant., S. Hayward Altman, District Attorney, Rizza C. Palmares, Kelly A. Jenkins, Assistant District Attorneys, for appellee.
Blackwell, Hines, Nahmias.
Cited by 34 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Court of Appeals of Georgia (2)
Hines, Presiding Justice.

This Court granted certiorari to the Court of Appeals in Scott v. State, 320 Ga. App. XXVI (Case No. A12A2293, decided March 11, 2013) (not to be officially reported) to consider whether former OCGA § 16-13-31 (a) (1), which set forth the elements of the felony offense of trafficking in cocaine, required proof that the defendant had knowledge of the weight of the drug. Finding that the Court of Appeals erred in concluding that proof of the knowledge of the weight or quantity of cocaine was not an element of the offense, we reverse and remand.

Kenneth Scott was convicted of trafficking in cocaine and related charges after he was found in possession of, inter alia, 37 individually wrapped packets of powder cocaine, a twist-tied package of cocaine, a “slab” of cocaine, crack cocaine packaged for resale, packages of marijuana, a mirror and a cutting tool, and several loaded handguns. The state crime laboratory determined that among the substances seized was 72.65 grams of a cocaine mixture registering 72.6 percent purity of cocaine.

At the times of the crimes in 2009 and Scott’s trial in 2010, former OCGA § 16-13-31 (a) (1) provided, in relevant part:

Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine ....

(Emphasis supplied.)

In his appeal to the Court of Appeals, Scott argued that his conviction for trafficking in cocaine had to be reversed because the[*40] evidence failed to show that he knew that the cocaine weighed more than 28 grams; he maintained that knowledge of the quantity of the drug was an element of the offense. Citing its own precedent, the Court of Appeals held that proof of knowledge of the quantity of cocaine was not an essential element of the offense of trafficking in cocaine. Scott v. State, supra at Division 6 (d). But, such holding is in error.

1. The plain language of the version of former OCGA § 16-13-31 (a) (1) at issue [1] dictates the conclusion that knowledge of the quantity of the drug was an element of the crime. It contains express scienter requirements, that is, knowledge of the nature and amount of the drug and of being in possession of it. And, certainly where “knowledge” is made part of an offense, the State has the burden to prove the defendant’s guilty knowledge. Phagan v. State, 268 Ga. 272, 278 (3) (c) (486 SE2d 876) (1997).

Finding “knowingly” in the former cocaine trafficking statute to be a requirement as to each of the elements of the crime is consistent with prior strict constructions of the statute and with how the term “knowingly” has been applied in other statutes. See Lockwood v. State, 257 Ga. 796 (364 SE2d 574) (1988); Bundren v. State, 247 Ga. 180 (274 SE2d 455) (1981). Indeed, a criminal statute that introduces the elements of a crime with the word “knowingly” is ordinarily construed as applying that word to each element of the offense. Flores-Figueroa v. United States, 556 U. S. 646, 652 (II) (129 SCt 1886, 173 LE2d 853) (2009).

Furthermore, a statute is to be construed “ ‘to give sensible and intelligent effect to all its provisions and to refrain from any interpretation which renders any part of the statute meaningless.’ ” Motors Acceptance Corp. v. Rozier, 278 Ga. 52, 53 (597 SE2d 367) (2004). And, the interpretation by the Court of Appeals, has done just that; it renders meaningless the express requirement of knowledge of the amount of cocaine possessed. The amount of the drug possessed may certainly be significant in regard to the viewed severity of the offense, and the consequent sanction for its commission. See, e.g., OCGA § 16-13-30, which criminalizes, inter alia, possession of lesser amounts of cocaine.

In Wilson v. State, 291 Ga. 458 (729 SE2d 364) (2012), which was noted in the opinion of the Court of Appeals, this Court acknowledged the potential merit of Wilson’s argument that former OCGA[*41] § 16-13-31 (c) required proof that he knew the amount of the controlled substance he possessed. However, a definitive determination of the issue was unnecessary in that case because the question on appeal was whether the trial court’s instruction to the jury that a conviction of trafficking did not require such proof constituted “plain error.” Id. And, because of the existence of precedent from the Court of Appeals supporting such instruction, this Court concluded that giving it could not constitute “plain error.” Id.

2. In a 2013 amendment to OCGA § 16-13-31, the General Assembly deleted “knowingly,” inter alia, throughout subsection (a). [2] This legislative change does not explain what the term “knowingly” was intended to mean when the statute was originally passed. See, e.g., Dees v. Logan, 282 Ga. 815, 817 (653 SE2d 735) (2007). What is more, such change is consistent with legislative confirmation that proof of a defendant’s knowledge of each element of the trafficking statute, including weight of the drug, was required in former versions of the statute, but that the General Assembly no longer intends that it be so. This is reinforced by the General Assembly’s enactment of OCGA § 16-13-54.1, [3] effective July 1, 2013, which expressly provides that a[*42] defendant’s knowledge of the weight or quantity of the controlled substance is not to be an essential element of the offense so that it must be proven in order to obtain a conviction. Indeed, the enacting legislation, Ga. Laws 2013, p. 22, § 6 states that the Act is to apply only to offenses which occur on or after July 1,2013, the effective date, and that any offense occurring prior to such date is to be governed by the statute in effect at the time of such offense.

Decided March 28, 2014 Reconsideration denied April 10, 2014. Robert L. Persse, for appellant. S. Hayward Altman, District Attorney, Rizza C. Palmares, Kelly A. Jenkins, Assistant District Attorneys, for appellee.

3. Simply, former OCGA § 16-13-31 (a) (1), applicable to this case, required proof that the defendant had knowledge of the weight of the cocaine. [4] Accordingly, the judgment of the Court of Appeals is reversed and the case is remanded to that Court for consideration consistent with this opinion. [5]

Judgment reversed and case remanded.

All the Justices concur, except Nahmias and Blackwell, JJ., who concur in judgment only as to Division 2.
1

The version of the statute applicable to Scott was effective July 1, 2003 to June 30, 2012. The statute was amended, effective July 1, 2012 to June 30, 2013, and its present version became effective July 1, 2013.

2

Present OCGA § 16-13-31 (a) provides:

(1) Any person who sells, manufactures, delivers, or brings into this state or who is in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine and, upon conviction thereof, shall he punished as follows:
(A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00;
(B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and
(C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million.
(2) Any person who sells, manufactures, delivers, or brings into this state or who is in possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with selling, manufacturing, delivering, or bringing into this state or possessing.
3

OCGA § 16-13-54.1 provides:

When an offense in this part measures a controlled substance or marijuana by weight or quantity, the defendant’s knowledge of such weight or quantity shall not be an essential element of the offense, and the state shall not have the burden[*42] of proving that a defendant knew the weight or quantity of the controlled substance or marijuana in order to be convicted of an offense.
4

Cleveland v. State, 218 Ga. App. 661, 662-663 (1) (463 SE2d 36) (1995), and its progeny, which include Beville v. State, 322 Ga. App. 673 (1) (745 SE2d 858) (2013); McGee v. State, 316 Ga. App. 661, 664 (1) (730 SE2d 131) (2012); and Barr v. State, 302 Ga. App. 60, 61-62 (1) (690 SE2d 643) (2010), are hereby overruled to the extent that they hold that knowledge of the quantity or weight of the cocaine is not an essential element of the offense of trafficking in cocaine as set forth in former OCGA § 16-13-31 (a) (1).

5

The Court of Appeals is to determine whether the evidence at trial was sufficient to prove beyond a reasonable doubt that Scott knew that the cocaine he possessed weighed 28 grams or more.