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Tuggle v. State

The investigating officer saw the defendant throw away a pipe containing cocaine residue.

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A jury found Alex Roderick Tuggle guilty of possession of cocaine. He appeals, claiming that the evidence was insufficient to support his conviction. We disagree and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.1 Moreover, 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.2

Here, the evidence shows that at approximately 2:30 a.m. on September 5, 2003, an officer with the Covington Police Department saw Tuggle emerge from a darkened area near a playground. The officer activated the blue lights on his patrol car, exited the vehicle, and asked to speak with Tuggle. Tuggle did not respond to the officer’s repeated verbal introductions, but rather walked across the street toward a parked car. The officer saw Tuggle toss a “blackish” cylindrical object behind the car, and Tuggle then immediately complied with the officer’s requests to walk toward his patrol car. While another officer stood with Tuggle, the officer walked to wear he saw Tuggle toss the object and found a black, cylindrical pipe on the ground. Residue in the pipe tested positive for cocaine.

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