Elrod v. State

Adams, Judge.

Glenn Elrod was convicted by a jury of trafficking in amphetamine. He appeals following the denial of his motion for new trial.

1. Elrod first challenges the sufficiency of the evidence, arguing that the State failed to prove that he was in possession of more than 28 grams of amphetamine as charged in the indictment. We agree and reverse.

Pursuant to OCGA § 16-13-31 (e), “[a]ny person who knowingly sells, delivers, or brings into this state or has possession of 28 grams or more of... amphetamine, or any mixture containing ... amphetamine, as described in Schedule II” is guilty of…