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Ramirez v. State

The equal access rule did not apply to the methamphetamine found on the vehicle's driver's side back passenger seat, since the case involved allegations that the defendant driver and his passenger were in joint constructive possession of the methamphetamine.

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Following a jury trial, Remigio Pineda Ramirez was convicted of trafficking in methamphetamine. On appeal, Ramirez argues that the trial court erred in denying his motion for directed verdict and in charging the jury that it was authorized to infer that the driver of a vehicle possesses and controls all the property found in the vehicle. We disagree and affirm. On June 20, 2005, Ramirez and a passenger were riding in a vehicle with a “drive-out tag.”1 An officer with the Gwinnett County Police Department stopped Ramirez’s vehicle in order to verify its ownership. Ramirez did not have a Georgia driver’s license. When asked for proof of insurance, Ramirez provided an insurance card that indicated that the vehicle was insured by someone other than himself. The officer ran the vehicle’s VIN number and learned that the vehicle was registered to yet a third individual. The officer placed Ramirez under arrest for driving without a valid Georgia driver’s license.

The officer then asked Ramirez’s passenger to exit the vehicle. In response to the officer’s questioning, the passenger identified himself as Juan Uribe Sanchez, although it was later determined that this was not his true identity.

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