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Fontaine v. State

The defendant's conviction for possessing methamphetamine should have merged into his conviction for possessing methamphetamine with intent to distribute as a matter of fact.

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A jury found Michael Gene Fontaine guilty of possession of chlorophenylpiperazine, methamphetamine, morphine, and oxycodone; possession of methamphetamine with intent to distribute; two counts of possession of a firearm during the commission of a felony; and possession of a firearm by a convicted felon. Following the denial of his motion for new trial, Fontaine appeals, arguing that the trial court erred by denying his motion to suppress, that he received ineffective assistance of counsel, and that some of his convictions should have merged. Although Fontaine’s first two claims of error lack merit, we agree with his merger argument. Accordingly, we vacate his sentence and remand for resentencing.

Viewed in the light most favorable to the verdict, see Morris v. State, 322 Ga. App. 682 1 746 SE2d 162 2013, the record shows that an agent from the Walker County Sheriff’s Department went to a Best Western in Fort Oglethorpe to investigate a report of a possible methamphetamine lab in room 101. He did not have a search warrant. The agent knocked on the door of room 101, and Fontaine answered. The agent told Fontaine why he was there and asked for permission to search the room, which Fontaine gave. Upon entering the room, the agent saw a woman lying on the bed and a second man, later identified as Jeffrey Williams, in the bathroom. The agent directed Fontaine and his companions to the sitting area at the front of the room while he searched the bathroom area.

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