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Davis v. State

The defendant admitted smoking marijuana prior to the officer's arrival.

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Following a jury trial, Kevin Edward Davis was convicted of possessing less than one ounce of marijuana. He argues that the evidence presented at trial was insufficient to support his conviction. We disagree and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Smith v. State , 297 Ga. App. 526 677 SE2d 717 2009. We do not weigh the evidence nor judge the credibility of the witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt. Id.

So viewed, the evidence presented at trial showed that on the day in question, a patrol officer from the Douglasville Police Department responded to a report of possible drug activity involving a gold vehicle in the parking lot of the Arbor Place Mall. As the officer scanned the parking lot, he located Davis sitting inside a gold vehicle smoking what appeared to be a marijuana cigarette. The officer testified that he suspected the cigarette contained marijuana as opposed to nicotine because of the way Davis “had his thumb and his first finger clasped around the item pressed to his lips” which, based upon the officer’s knowledge and experience, was consistent with the way marijuana is smoked. Upon seeing the officer, Davis immediately removed the cigarette from his mouth and exited the vehicle. As the officer approached and spoke to Davis, Davis admitted that he had been smoking marijuana prior to the officer’s arrival.

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