Legal Opinion

Fluker v. State

Court of Appeals of Georgia

Decided March 2, 2009No. A08A1834PublishedCited by 7 opinions

1Opinion of the Court

Barnes, Judge.

After a jury trial, Hilton Fluker was found guilty of one count of trafficking in ecstacy. He filed a motion for new trial, which he later amended, and following the trial court’s denial of the motion, he appeals contending that the evidence was insufficient to sustain his conviction. Upon review, we reverse.

In reviewing Fluker’s challenge to the sufficiency of the evidence, we construe the evidence in a light most favorable to the verdict, and Fluker no longer enjoys a presumption of innocence. See Collins v. State, 273 Ga. App. 598 (615 SE2d 646) (2005). We do not weigh the…

2Cases cited4 opinions

  1. Mitchell v. StateSupreme Court of Georgia · 1997
  2. Whipple v. StateCourt of Appeals of Georgia · 1993
  3. Wofford v. StateCourt of Appeals of Georgia · 2003
  4. Collins v. StateCourt of Appeals of Georgia · 2005

3Cited by7 opinions

  1. Smith v. StateCourt of Appeals of Georgia · 2012
  2. Mantooth v. StateCourt of Appeals of Georgia · 2016
  3. BEAVERS v. the STATE.Court of Appeals of Georgia · 2018
  4. Millsaps v. StateCourt of Appeals of Georgia · 2009
  5. Smith v. StateCourt of Appeals of Georgia · 2010

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