Wade Douglas Strozier appeals the denial of his motion for new trial in connection with his conviction on one count of possession of drugs by an inmate.1 He asserts that the trial court erred in denying his motion because the evidence was insufficient to support his conviction. We agree and reverse. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. Thomas v. State, 262 Ga. App. 492, 492-493 1 589 SE2d 243 2003. The verdict must be upheld if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979. Collinsworth v. State , 276 Ga. App. 58, 59 622 SE2d 419 2005. On February 16, 2004, Strozier was an inmate in Dooly State Prison. That day, another inmate, James Pinkins, Jr., was assigned to clean up inside the administration area and visitation lobby at the prison, while Strozier had the duty of maintaining the area outside. As a part of his duties, Pinkins was removing cigarette butts from an ash tray above a cylindrical trash can, which was positioned outside the visitation lobby to accommodate smokers the “Lobby Trash Can”. After removing the cigarette butts from the tray, he noticed a white plastic grocery bag inside the cylindrical container under the tray. Thinking that it was a dirty diaper, he picked it up and put it in the bag he used to collect the cigarette butts. When the white bag dropped against the cement sidewalk, however, “it sounded hard like a plate or something.” Concerned that something may have broken, Pinkins retrieved the white bag, opened it and looked inside where he observed something that “looked like some drugs” sitting on top of other items. Pinkins closed the bag, put it back in the Lobby Trash Can, and went inside to retrieve a deputy warden to report what he saw. Finding that the deputy wardens were in a meeting, he returned to his duties and started washing dishes. When Captain Antwan Caldwell exited the meeting, Pinkins told him about the white bag and proceeded to show him. As Pinkins opened the door to the outside, he saw Strozier getting the bag out of the Lobby Trash Can. He told Caldwell, “it’s too late now sir, he has got it.”
Caldwell testified that Pinkins was ahead of him at the door. When Caldwell got to the door, he looked out and Strozier was the only person he saw. In fact, Strozier was the only inmate authorized to be in that outside area. He was standing on a grassy area near another building holding an empty trash bag. Strozier was not near the Lobby Trash Can at that point, and Caldwell did not see Strozier handle the white bag. Caldwell stepped around Pinkins to inspect the Lobby Trash Can and found it was empty. Caldwell told Pinkins to go inside, and Caldwell stepped back inside to summon another officer, Sergeant Michael Williams. When Caldwell went inside to use the radio, he lost sight of Strozier and did not see him again until Williams and he stepped back outside approximately three to five minutes later.
