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Jones v. State

The state was not required to show that the defendant knew he was within 1,000 feet of public housing to support a conviction under OCGA § 16-13-32.5.

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Following a jury trial, Charles Jones appeals his conviction on various drug-related counts, challenging the sufficiency of the evidence and arguing that he received ineffective assistance of counsel. We hold that the evidence sufficed to show Jones possessed the drugs in question with an intent to distribute same, and that the trial court did not abuse its discretion in denying his motion for new trial based on ineffective assistance grounds. Accordingly, we affirm. Construed in favor of the verdict, Davis v. State ,1 the evidence shows that on April 15, 2006, Jones a hip-hop artist and his associates were exiting a concert arena to enter a limo when nearby youths fired guns at them. Jones’s group dove into the limo and returned gunfire, and the limo eventually began to drive away. With drawn weapons, police stopped the limo before it could exit the arena grounds, and despite commands from police to submit peacefully, Jones and an associate exited the limo and fled, with officers in hot pursuit. Ignoring police demands to stop, Jones ran down a hill until caught by a security guard, who wrestled the resisting Jones to the ground. Police officers assisted by a police dog arrived and subdued Jones, placing him in handcuffs.

A search of Jones’s person revealed that in one front pocket of his pants were a container of 16 tablets of methamphetamine weighing in the aggregate 4 to 5 grams, four small baggies of marijuana weighing in the aggregate 2.7 grams, and $393 in cash in various denominations. A subsequent search of the limo seat from which Jones fled revealed two guns in that seat, and an officer testified that he saw a firing pin from one of those guns at Jones’s feet before he exited the vehicle. At trial, evidence showed that the arena grounds as well as the place of Jones’s apprehension were within 1,000 feet of an adjacent public housing project.

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