Summerville v. the State

Miller, Judge.

Following a jury trial, Kent Summerville was convicted of marijuana trafficking (OCGA § 16-13-31 (c) (2010)) and driving with a suspended license (OCGA § 40-5-121 (a)). Summerville appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his marijuana trafficking conviction because the statute existing at the time of his offense required the State to prove that he had knowledge the marijuana weighed more than ten pounds and the State failed to prove this element of the offense. Summerville also contends that the State withheld…