The Georgia Court of Appeals denied John Thomas Ogburn's appeal of his conviction for Criminal Attempt to Manufacture Methamphetamine and Criminal Attempt to Commit Burglary. Finding the evidence sufficient to support the conviction and no error on the part of the trial court, the Court affirmed the decision of the jury.
Ogburn was caught attempting to break into a home with two other people. During a search subsequent to the arrest, the police found a large quantity of methamphetamine, over eight hundred dollars in cash, and numberous items used in the manufacture of methamphetamine including 1080 tablets of pseudophedrine. The Court of Appeals with the testimony of the lead investigator that "nobody has a cold this bad." They also once again affirmed previous decisions that the admission of the crime lab report is not a violation of the continuing witness rule.
A Houston County jury convicted Ogburn after a trial on February 9, 2007. Superior Court Judge Lukemire sentenced him to 15 years to serve 7. ADA Erikka Williams prosecuted the trial case and ADA Timothy Marlow handled the appeal.
I am just extremely pleased that the Court upheld the Jury's verdict. Methamphetamine is a scourge on our society and we must continue to fight it on all levels, from production to sale
- Assistant District Attorney Erikka Williams
The Georgia Court of Appeals has denied Cecil Ray's request for reconsideration in Case A08A0714. Ray received a 45 year prison sentence in 2004 for Possession of Cocaine with Intent to Distribute. Due to Ray's three previous felony convictions, the entire sentence must be served without the possibility of parole.
