Wilson v. State

A package containing 12.46 pounds of marijuana arrived at a post office in Hall County addressed to “Abby at 1830 Vineyard Way.” The post office mistakenly notified Abby Massaro of 1930 Vineyard Way. Ms. Massaro collected the package from the post office, discovered the marijuana, and contacted police. A law enforcement officer, dressed as a postal carrier, performed a controlled delivery of the package to 1830 Vineyard Way, with other officers waiting nearby. Appellant Justin Wilson answered the door and told the undercover officer that Abby was not at home but that “the package was expected and he would sign for it.” Appellant accepted delivery and was immediately arrested. Appellant told the officers that his roommate, Daniel Park, had mentioned that he was having a package containing marijuana shipped to the apartment. Appellant also stated that he believed the package was ultimately intended to be delivered to David Salinas, a friend of Park. Both Park and Salinas were convicted during separate jury trials of trafficking in marijuana, possession of marijuana with intent to distribute, and possession of marijuana. Their convictions were affirmed on appeal. Salinasv. State, 313 Ga. App. 720 722 SE2d 432 2012; Park v. State, 308 Ga. App. 648 708 SE2d 614 2011.

On October 8, 2008, Appellant was indicted for the charges of trafficking in marijuana, possession of marijuana with intent to distribute, and felony possession of marijuana. At trial, the court charged the jury that OCGA § 16-13-31 c, the trafficking in marijuana statute, does not require the State to prove that Appellant had knowledge of the quantity of the marijuana he possessed in order to be convicted of this offense. Appellant made no contemporaneous objection to this charge. He was subsequently convicted of all charges. After a motion for new trial was denied, Appellant appealed to the Court of Appeals, which affirmed his convictions and held that “the drug trafficking statutory scheme does not require proof of the defendant’s subjective knowledge as to the precise weight of the drugs in his possession.” Wilsonv. State, 312 Ga. App. 166, 170 2 718 SE2d 31 2011. We granted certiorari to consider this holding by the Court of Appeals.