Thrasher v. State

A jury found Sherry Lynn Thrasher guilty of possessing methamphetamine, possessing methamphetamine with intent to distribute, and possessing marijuana. On appeal, Thrasher contends that the trial court erred in admitting evidence of an arrest warrant. She also asserts that the trial court erred in failing to charge the jury on equal access. Finding no such error, we affirm. Viewed in a light favorable to the jury’s verdict,1 the evidence shows that on October 5, 2005, police went to Thrasher’s home to serve an arrest warrant upon her. Although Thrasher was not present when officers initially arrived, she drove up to the residence shortly thereafter. Upon her arrival, Thrasher appeared nervous, and one of the officers asked if she had any contraband on her person. Thrasher reached into her waistband and produced a pouch that contained two bags of marijuana. Because no female officer was present, Thrasher was not searched personally. Officers then searched Thrasher’s car and discovered digital scales, a glass pipe, and small baggies.

Thrasher was handcuffed and seated in a chair on the front porch. Two men were seated on the porch approximately four to six feet away from her. According to the officer standing watch over Thrasher, she stood up to approach him, and he heard something fall to the floor. The officer then saw Thrasher attempting to conceal a black canister on the floor, using her feet. The canister contained 2.92 grams of methamphetamine. According to the officer, neither of the two men on the porch made any movement. Based upon this and other evidence, the jury found Thrasher guilty of possessing methamphetamine, possessing methamphetamine with intent to distribute, and possessing marijuana.