Marco Deangelo Jackson “Jackson”, Arthur James Royal, Jr., and Tasha Jackson “Tasha” were jointly indicted, tried, and convicted of possession of cocaine with intent to distribute1 Count 1 and possession with intent to distribute a controlled substance within 1000 feet of a housing project2 Count 2. Royal also was convicted of three misdemeanors: tampering with evidence, possession of less than one ounce of marijuana, and obstruction of an officer. Jackson and Royal3 appeal from the orders denying their respective motions for new trial, challenging the sufficiency of the evidence to support their felony convictions4 and the effectiveness of their respective trial attorneys. Because there are facts common to both appeals, we consolidate them for disposition in a single opinion. 1. Jackson and Royal assert that the evidence is insufficient to support their convictions, and Royal also enumerates as error the denial of his motion for a directed verdict of acquittal on Counts 1 and 2. The standard of review is the same for these enumerations of error.5 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. We do not weigh the evidence or determine witness credibility, but determine only if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.6 Properly viewed, the evidence adduced at trial shows that at 8:30 a.m. on April 7, 2008, Bainbridge Public Safety Officer Alton Brock, accompanied by five other officers, executed a no-knock search warrant at a two-story, two-bedroom apartment owned and operated by the Bainbridge Housing Authority. The apartment was registered to Tasha, and she and Royal were named on the warrant. Brock testified that when he entered the apartment, Royal was on the living room couch, stuffing a baggie of marijuana into his mouth. Brock and fellow officer Patrick Bryant had to subdue Royal in order to retrieve the baggie. No other drugs or drug paraphernalia were found on Royal or on the first floor of the apartment.
The other officers went upstairs to a bedroom and then summoned Brock and Bryant, both of whom testified that Jackson was on the floor kneeling next to a small piggy bank containing 37 baggies of cocaine. Tasha was in the bed. Jackson was wearing boxer shorts, and clothes were strewn all over the floor. A pair of men’s pants containing $441 in small denominations was found near the cocaine, and Jackson’s driver’s license was found in the same pants. Bryant testified that when he entered the bedroom, Jackson was “fidgeting” with something in a corner of the room. Bryant could not see the object because the bed was in the way. He drew his weapon and ordered Jackson to raise his hands. Bryant then saw that Jackson was kneeling over the cocaine.
