Clay v. State

Beasley, Judge.

Clay and Burks were jointly charged. Burks pled guilty to possession of cocaine with intent to distribute and testified as a State’s witness at Clay’s trial. Clay was convicted of a cocaine sale, and because of a prior offense was sentenced to life in prison. OCGA § 16-13-30 (b) and (d). This is an authorized out-of-time appeal.

The State’s evidence showed that Jerry and Diane Bostick were buying drugs in their capacity as undercover agents. When Clay approached the truck they were driving, Diane Bostick asked if he had a “dime bag of crack,” a term explained by the Bosticks as…