Alvarado v. State

Birdsong, Judge.

Appellant, German Alvarado, appeals his judgment of conviction of trafficking in cocaine and his sentence.

Appellant raises three enumerations of error. For reasons hereinafter discussed, we agree with appellant that the trial court erred in refusing to charge on the lesser included offense of possession of cocaine. Held:

The alleged trafficking offense occurred in 1987 when OCGA § 16-13-31 required proof of “actual possession.” See Lockwood v. State, 257 Ga. 796 (364 SE2d 574). However, the offense of possession of cocaine under OCGA § 16-13-30 could be committed by having…