Defendant was indicted for violating Georgia's Controlled Substances Act (selling cocaine).
At trial, Georgia Bureau of Investigation ("GBI") Agent Washington testified that, while working undercover, he purchased a substance from defendant which appeared to be "crack cocaine." GBI Forensic Scientist David Abbott testified that the suspected substance tested positive for cocaine. (The trial court did not allow the State to bring the actual cocaine into evidence because of the State's failure to furnish defendant with a crime laboratory report within 10 days of trial as is required by OCGA 17-7-211
.) Defendant was found guilty and this appeal followed the denial of his motion for new trial. Held:
1. Defendant first contends the trial court erred in denying his motion to exclude Forensic Scientist David Abbott's testimony regarding the identification of the suspect substance as cocaine. Defendant argues that this testimony was not admissible because of the State's failure to comply with the 10-day production requirement of OCGA 17-7-211
2. In his second and third enumerations, defendant challenges the sufficiency of the evidence. The evidence adduced at trial was more than sufficient to authorize the jury's finding that defendant was guilty of selling cocaine beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).
Jack O. Partain III, District Attorney, Todd L. Ray, Assistant District Attorney, for appellee.