Chandler v. State
Chandler v. State
Opinion of the Court
A Jackson County jury found James Chandler, Jr. guilty of one count of simple possession of cocaine occurring on May 18, 1996, and one count of possession of cocaine with intent to distribute occurring on May 25, 1996.
1. The evidence of possession with intent to distribute, viewed to support the verdict, was sufficient. Proof of Chandler’s sale of crack
The informant also testified that she gave Chandler a $20 bill which had been photocopied by law enforcement; she further testified that Chandler carried a small pouch, which he produced when she gave him the money for the drugs. Three days later, Chandler was arrested for the sale to the informant; the $20 bill that the informant had used to buy the cocaine was in Chandler’s wallet. Also found on his person and returned to him was a small green pouch, wrapped with a blue rubber band. Thereafter, when the search warrant was executed, a small green pouch, wrapped in a blue rubber band, was recovered under the sofa where Chandler was sitting; with the pouch was a plastic bag of cocaine. Finally, several thousand dollars were found during the execution of the search warrant and a search incident to arrest; the money was seized from Chandler’s residence, his pocket, and his vehicle. Almost all of the money was in $20 bills, and, notably, Chandler was not employed at the time. Under these facts of record, we find that a rational trier of fact could have found Chandler guilty beyond a reasonable doubt of possession of cocaine with intent to distribute.
2. It was not error for the trial court to permit the lead investigator, Barnhart, to remain in the courtroom to aid in the presentation of the State’s case. The prosecution properly asked for the assistance of the investigator because of the “substantial amount of evidence” involved.
4. Finally, Chandler contends that his trial attorney had a conflict of interest because counsel represented both Chandler and his co-defendant, then-girlfriend Denise Wilson, on the possession with intent to distribute charge. By brief, Chandler argues that “it is inconceivable how a single defense lawyer, representing co-defendants charged with possession, could effectively develop a theory of the case for both at the same time.” Thus, Chandler claims he received ineffective assistance of counsel. We disagree.
A transcript of a hearing on Chandler’s claim is not before us, and Chandler does not cite or make reference to any such transcript in his brief. Accordingly, it does not appear that he obtained the testimony of his trial attorney with regard to the instant claim of ineffective assistance of counsel. “The burden is on the party alleging error to show it affirmatively by the record, and when [he] does not do so, the judgment is assumed to be correct and must be affirmed.”
Moreover, Chandler did not object to joint representation at trial. Accordingly, “[i]n order for appellant to prevail on his claim that his attorney was operating under a conflict of interest that violated his right to counsel, he must show an actual conflict of interest that adversely affected his attorney’s performance.”
Judgment affirmed.
The instant case was docketed in this Court on December 28, 2001; it arises by way of an out-of-time appeal granted on September 24, 2001, and the subsequent filing of a notice of appeal on October 22, 2001.
White v. State, 225 Ga. App. 74, 76 (3) (483 SE2d 329) (1997); Woods v. State, 224 Ga. App. 52, 55 (4) (479 SE2d 414) (1996); Brunson v. State, 207 Ga. App. 523, 525 (428 SE2d 428) (1993).
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Johnson v. State, 198 Ga. App. 316 (4) (401 SE2d 331) (1991); Mitchell v. State, 222 Ga. App. 878 (2) (476 SE2d 604) (1996).
Johnson v. State, supra at 317 (4). See also McNeal v. State, 228 Ga. 633, 636 (187 SE2d 271) (1972); White v. State, supra at 76 (7).
Tolver v. State, 269 Ga. 530, 532 (2) (500 SE2d 563) (1998).
(Citation and punctuation omitted.) Smith v. State, 224 Ga. App. 819, 821 (2) (481 SE2d 896) (1997); Foreman v. State, 200 Ga. App. 400, 401 (3) (408 SE2d 178) (1991).
Turner v. State, 273 Ga. 340, 342 (2) (a) (541 SE2d 641) (2001).
Davis v. Turpin, 273 Ga. 244, 246 (3) (539 SE2d 129) (2000).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.