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Kirchner v. State

The evidence was sufficient to support a finding that the defendant exercised dominion and control over the marijuana police found in her son's locked gun safe within her home, as it was undisputed that the defendant was the owner and full-time resident of the home, and there were blatant signs of regular drug activity within the home.

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A Cherokee County jury convicted Debbie Kirchner of possession of more than one ounce of marijuana, OCGA § 16-13-30 j 1, 2 a felony; possession of less than one ounce of marijuana, OCGA § 16-13-30 j; 16-13-2 b a misdemeanor; tampering with evidence, OCGA § 16-10-94 a; and contributing to the delinquency of a minor, OCGA § 16-12-1 b 1. She appeals from the denial of her motion for new trial, contending that the evidence was insufficient to support her convictions. Because we find this contention to be without merit, we affirm.

When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Citation omitted; emphasis in original. Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SCt 2781, 61 LE2d 560 1979. It is the function of the jury, not this Court, to determine the credibility of the witnesses, resolve conflicts in the testimony, weigh the evidence, and draw reasonable inferences from the evidence. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” Citation and punctuation omitted. Miller v. State, 273 Ga. 831, 832 546 SE2d 524 2001. Viewed in this light, the record reveals the following facts.

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