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Gresham v. State

Trial counsel's decision not to move to sever the defendant's trial was strategic.

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A jury found Gregory Gresham guilty of trafficking in cocaine, possessing more than one ounce of marijuana, possessing a firearm during the commission of a felony, and obstructing an officer. In his sole claim of error, Gresham argues that he received ineffective assistance of counsel at trial. We disagree and affirm. Viewed most favorably to the jury’s verdict,1 the evidence shows that on February 24, 2006, a Henry County police officer stopped a vehicle driven by Stacey Forsyth for speeding and a seat belt violation. Gresham, who was seated in the front passenger seat, was the only other vehicle occupant. During the traffic stop, the officer noticed a strong odor of burning marijuana coming from the car, and Forsyth consented to a vehicle search. Gresham fled the scene at that point, eluding police.

The officer searched Forsyth’s car and found marijuana in her purse. He also located a loaded gun, marijuana, cocaine, a pot commonly used for “cooking” cocaine, a digital scale, a marijuana smoking device, and materials used to package drugs in a bag on the car’s back floorboard. While speaking with police, Forsyth admitted that she had smoked marijuana and crack cocaine the previous night.

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