Martinez v. State

Bernes, Judge.

Following a jury trial, Luis A. Martinez was convicted of trafficking in cocaine, OCGA § 16-13-31 (a) (1). On appeal, he challenges the sufficiency of the evidence to sustain his conviction and contends that the trial court erred in failing to instruct the jury on the principle of circumstantial evidence set forth in OCGA § 24-4-6. We conclude that the evidence was sufficient to sustain the conviction, but that the trial court’s failure to give the circumstantial evidence charge constituted reversible error.

1. On appeal from a criminal conviction, we view the evidence in the…