Norton v. State

The trial court properly admitted similar transaction evidence obtained during the execution of a search warrant, since the typographical error on the search warrant, which authorized the search for marijuana instead of methamphetamine, did not affect the validity of the warrant.

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Frank Edwin Norton was tried by a Cherokee County jury and convicted of trafficking in methamphetamine,1 possession of methamphetamine both on his person and in his urine,2 and possession of a drug related object.3 He now appeals from the denial of his motion for a new trial, asserting that the trial court erred in admitting similar transaction evidence obtained during an illegal search of his person and during a police interview conducted in violation of his Miranda rights. Norton further contends that he received ineffective assistance of trial counsel. We find no error and affirm.

On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict. Martinez v. State, 306 Ga. App. 512, 514 702 SE2d 747 2010. So viewed, the record shows that in May 2009, Norton was brought into the emergency room of a local hospital in a semi-conscious state. Emergency room personnel followed the hospital’s standard procedure for cases such as Norton’s, which included undressing the patient, searching his clothing for property, and inventorying any property found.4 When hospital employees followed this protocol with respect to Norton, they discovered a pipe used for smoking methamphetamine, a small bag containing 1.03 grams of methamphetamine, and a larger bag containing 47.6 grams of methamphetamine. Hospital personnel then contacted law enforcement, and Michael Parker, a narcotics agent with the Cherokee County Sheriff’s office, responded to the scene.

Norton v. State

The trial court properly admitted similar transaction evidence obtained during the execution of a search warrant, since the typographical error on the search warrant, which authorized the search for marijuana instead of methamphetamine, did not affect the validity of the warrant.

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