Sullivan v. State

Birdsong, Presiding Judge.

The defendant, Aubrey Sullivan, appeals his conviction of the offenses of unlawful possession of marijuana with the intent to distribute, and the sale of marijuana. Sullivan had been charged with two counts of violation of the Georgia Controlled Substances Act. Count I alleged that the defendant “did unlawfully possess with the intent to distribute and did sell MARIJUANA. ...” Count II alleged only unlawful possession of marijuana. All offenses were charged as occurring on February 19, 1982.

The evidence showed that the police used a confidential informant to make a…