X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A Troup County jury convicted John Ware of possession of cocaine, OCGA § 16-13-30 a, and the trial court sentenced him to 20 years, including 15 in confinement. Ware appeals from the order denying his motion for a new trial, arguing that the trial court erred in admitting similar transaction evidence. Ware also raises the general grounds. We affirm. 1. In his second enumeration of error, Ware contends that the evidence was insufficient to support the verdict. We disagree. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and an appellant no longer enjoys the presumption of innocence. This Court determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979, and does not weigh the evidence or determine witness credibility. Any conflicts or inconsistencies in the evidence are for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, we must uphold the jury’s verdict.1 Properly viewed, the evidence adduced at trial reveals that on August 14, 2006, Brent Storey, a drug investigator with the LaGrange Police Department, responded to a call about the theft of a lawn mower. The victim told Storey that Ware, who lived nearby, was the only person who knew where the mower was kept. Storey determined that Ware had an outstanding warrant for a felony probation violation, and Storey summoned Corporal Greg Sivers for assistance because he knew Ware. The officers hid themselves near Ware’s house and conducted surveillance. After ten or fifteen minutes, a vehicle pulled up and Ware exited the passenger side. The officers commanded Ware to come to them. Before Ware obeyed, he walked to a truck that was parked at the back of the house and made a throwing motion with his hands. After handcuffing Ware, the officers walked to the truck and saw three rocks of crack cocaine laying on the ground. Although it had been raining heavily that day, and the ground was saturated, the cocaine was dry. According to Storey, crack cocaine is very absorbent and will “turn to mush” if it sits on wet ground for a few minutes. The three rocks were dry, clean, and hard.

Ware argues that the evidence does not support his conviction for cocaine possession because it shows nothing more than his spatial proximity to the contraband. We disagree. “Possession of cocaine may be joint or exclusive, actual or constructive. A person who knowingly has direct physical control over a thing at a given time is in actual possession of it.”2 In the case at bar, the evidence was sufficient to support a finding that Ware had actual possession of the cocaine. After observing Ware make a throwing motion with his hands, the officers immediately proceeded to the location where he had been standing and retrieved the cocaine from the ground. Although the ground was saturated with water, the cocaine was dry and hard. No other person had been present in the vicinity of the cocaine during the time the officers had the area under surveillance. Accordingly, the evidence, both direct and circumstantial, was sufficient to support the jury’s finding of guilt beyond a reasonable doubt.3

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›