Neal v. State

The trial court did not abuse its discretion in admitting evidence of three similar incidents, which occurred in the same general area and involved less than one ounce of marijuana, to show the defendant's bent of mind and course of conduct in possessing less than one ounce of marijuana.

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A jury found Dwight Emerson Neal, Jr. guilty of obstructing a law enforcement officer and possessing less than one ounce of marijuana based on events occurring on October 17, 2007. The same jury found him not guilty of an additional count of possessing less than one ounce of marijuana based on events occurring on February 23, 2008. Neal appeals his convictions, alleging that the trial court erred in i denying his motion to sever the charges arising out of the separate events, ii allowing the state to introduce evidence of three similar transactions, and iii revoking his appearance bond without sufficient notice or opportunity to be heard. Finding no error, we affirm. Viewed in the light most favorable to the verdict,1 the record shows that on October 17, 2007, agents with the Henry County Police Department Narcotics Division were conducting surveillance at an apartment complex when they observed two men at a picnic table passing a lit cigarette back and forth. As the agents approached the men, they smelled the odor of burnt marijuana. After one of the agents identified himself as a police officer, one of the men fled the scene and did not comply with the agent’s orders to stop. The man who remained at the scene identified the fleeing suspect as Neal, although he denied that they had been smoking marijuana. However, the agents found a partially-smoked marijuana cigarette in the area of the picnic table.

On February 23, 2008, a deputy with the Henry County Police Department initiated a traffic stop on a van in which Neal was riding as a passenger. As the officer approached the van, he smelled the odor of burnt marijuana. After the deputy ordered the driver and Neal to get out of the van, both the driver and Neal admitted that they had smoked marijuana earlier in the day. A search of the van yielded a set of scales and a baggie containing a small amount of marijuana in the center console between the driver and passenger seats.

Neal v. State

The trial court did not abuse its discretion in admitting evidence of three similar incidents, which occurred in the same general area and involved less than one ounce of marijuana, to show the defendant's bent of mind and course of conduct in possessing less than one ounce of marijuana.

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