Garner v. State

Sognier, Chief Judge.

James Allen Garner was convicted of possession of cocaine with intent to distribute, a violation of OCGA § 16-13-30 (b), and he appeals.

1. Appellant contends the trial court erroneously denied his request to charge on mere presence, which he asserts was his sole defense. “Mere presence at the scene of the crime is not a recognized defense to a criminal charge. Rather, the rule that mere presence without more is insufficient to convict is really a corollary to the requirement that the state prove each element of the offense charged.” Muhammad v. State, 243 Ga. 404, 406 (1)…