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CHEEKS v. STATE

No. A98A1283.

507 S.E.2d 204 (1998)

234 Ga. App. 446

CHEEKS v. The STATE.

Court of Appeals of Georgia.

September 18, 1998.

Attorney(s) appearing for the Case

Summer & Summer, Chandelle T. Summer, Gainesville, for appellant.

Lydia J. Sartain, District Attorney, Shampa Banerji, Assistant District Attorney, for appellee.

BEASLEY, Judge.

Following the denial of his motion for new trial, Cheeks appeals his conviction of trafficking in cocaine. OCGA § 16-13-31(a).

1. He enumerates as error the court's charge to the jury that it was authorized to convict him of trafficking based on a finding of either actual or constructive possession, in that the indictment only charged him with actual possession.

As originally enacted...

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