Fyfe v. State

The evidence supported a finding of joint constructive possession of the contraband.

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Melissa Fyfe and Robert King were jointly indicted, tried, and convicted of trafficking in methamphetamine and misdemeanor possession of marijuana following a jury trial. Both filed motions for a new trial, which the trial court denied. In Case No. A10A0487, Fyfe contends that the trial court erred in overruling her special demurrer to the indictment, that the evidence was insufficient to sustain her trafficking conviction, and that the trial court erred in sentencing her for trafficking rather than possession with intent to distribute. In Case No. A10A0488, King challenges the trial court’s denial of his motion for a directed verdict. For the reasons set forth below, we affirm both convictions. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence. We determine only whether the evidence authorized the jury to find the defendant guilty beyond a reasonable doubt, and in doing so we neither weigh that evidence nor judge the credibility of the witnesses. Citation omitted. Maldonado v. State , 293 Ga. App. 356 667 SE2d 156 2008. So viewed, the evidence presented at trial shows that on July 20, 2006, an informant advised officers with the Forsyth County Narcotics Unit that Fyfe had been supplying him with methamphetamine. The informant agreed to cooperate in the officers’ drug investigation.

With the assistance of the informant, the officers coordinated a controlled buy at the residence of Fyfe and her boyfriend, King. Prior to the controlled buy, the officers searched the informant and his vehicle, confirming that the informant was not in possession of any contraband. The officers then provided the informant with two $20 bills for use in the drug purchase. The serial numbers of the dollar bills were recorded for identification purposes. The informant drove with an officer to Fyfe’s residence, while other officers conducted surveillance.

Fyfe v. State

The evidence supported a finding of joint constructive possession of the contraband.

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