Beard v. State

Adams, Judge.

Kelvin Beard appeals following the trial court’s denial of his motion for new trial after a jury convicted him of one count of possession of marijuana with the intent to distribute (OCGA § 16-13-30 (j)) and one count of intent to distribute marijuana within 1,000 feet of a housing project (OCGA § 16-13-32.5). We reverse.

Viewed in the light most favorable to the verdict,1 on November 11, 2003, Larry Bracken and Brian Valle, two narcotics officers with the Richmond County sheriff’s office, approached a car parked in front of Beard’s residence. Beard was exiting from the driver’s…