John Womble appeals from the judgment of conviction and sentence entered on jury verdicts finding him guilty of criminal attempt to manufacture methamphetamine and possession of methamphetamine. For the following reasons, we affirm the judgment of conviction and sentence as it relates to criminal attempt to manufacture methamphetamine, and vacate the judgment of conviction and sentence as it relates to possession of methamphetamine. Womble was jointly tried with three co-defendants, two of which Cliff Frashier and Patricia Frashier resided at a house located at 301 Pine Street in the City of Lafayette. The State presented evidence from police officers trained and experienced in the investigation of clandestine methamphetamine laboratories and assigned to the Lookout Mountain Judicial Circuit Drug Task Force. Two officers went to the door of the Frashier residence and knocked for the purpose of investigating suspicions that there was illegal controlled substance activity at the house. When Mr. Frashier opened the door and the officers identified themselves, they immediately recognized the strong odor of methamphetamine manufacturing emanating from inside the house. Although Frashier denied that anyone else was in the house, the officers could hear the sound of people running around inside the house as they stood at the open door. Based on concerns that evidence was being destroyed and concerns for their own safety, the two officers entered the house. Inside the house, the officers found Womble in the kitchen area, and a third co-defendant was found by another officer exiting the house. While ensuring that the house was clear of any other people, the officers observed in the toilet what appeared to be methamphetamine oil, a bi-level liquid processed in the last stage of manufacturing methamphetamine for sale and use. When an officer asked Frashier and Womble if they had any illegal items on their persons, Frashier produced a package of iodine crystals and a container of used coffee filters, and Womble produced a hypodermic needle. Testimony by the officers showed that iodine crystals and coffee filters are commonly used to manufacture methamphetamine, and that hypodermic needles are used to administer methamphetamine. After the suspected methamphetamine oil was obtained from the toilet pursuant to a search warrant, it was tested at the State Crime Laboratory and found to be positive for methamphetamine.
1. Womble enumerates as error that the officers’ entry into the Frashier residence without a warrant constituted an illegal search in violation of the Fourth Amendment. There being no evidence that Womble resided at the residence or had any ownership or possessory interest in the residence, he had no expectation of privacy in the residence and thus no standing under the Fourth Amendment to challenge the search of the residence. Thomas v. State , 274 Ga. 156, 159 549 SE2d 359 2001; Moody v. State , 232 Ga. App. 499, 504 502 SE2d 323 1998. Although the record contains a one-sentence order denying without comment a motion to suppress filed by Womble, the record does not contain the motion to suppress, and Womble does not argue on appeal that the trial court erred by denying the motion. Moreover, Womble did not object when the officers testified as to the items they found on him and Frashier, and Womble affirmatively stated that he had no objection to admission of the methamphetamine oil seized from the residence’s toilet. There is no merit to this enumeration of error.
