Smith v. State

Following a jury trial, Naomi Smith appeals her conviction for possession of cocaine with the intent to distribute, challenging the sufficiency of the evidence and arguing that the trial court erred in refusing to give her requested charge on “mere presence.” We hold that the accomplice’s testimony identifying Smith as the owner of the purse containing the cocaine was corroborated and that a “mere presence” instruction was unnecessary. Accordingly, we affirm. When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Short v. State .1 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia .2

So viewed, the evidence shows that, after observing that a moving vehicle’s right brake light was out, two officers on patrol ran a check of the vehicle’s tag, which tag did not match up to the vehicle. When they pulled the vehicle over, the driver was unable to produce satisfactory insurance and registration information. The officers asked for consent to search the vehicle for drugs, which consent the driver readily gave. When one of the officers approached the front-seat passenger, who was Smith, and asked that she exit the vehicle so the search could proceed, he observed that a purse was at her feet on the floorboard. After Smith exited, the officer removed the purse from the vehicle and found it contained 37 small baggies of crack cocaine as well as a large chunk of cocaine and $445 in cash. Both Smith and the driver were arrested and placed in the rear of the officers’ patrol vehicle. While in the patrol vehicle, a recorder picked up the conversation between Smith and the driver, during which Smith indicated that she had thought she would have time to hide the contraband but that the officer had been right there beside her.