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Palmer v. State

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Sammy Bernard Palmer and a co-defendant, Ryan Ellsworth, were indicted for a variety of offenses arising out of a traffic stop in Cherokee County. Ellsworth pleaded guilty to one count of violating the Georgia Controlled Substances Act and testified against Palmer. At trial, a jury found Palmer guilty of possession of cocaine, obstruction of a police officer, giving a false name, and giving a false date of birth. He appeals from the judgment of conviction for possession of cocaine, asserting the general grounds and error by the trial court in denying a motion for continuance and in refusing a requested charge on mere presence. Finding no error, we affirm. 1. We first address the general grounds. Construed to support the verdict, the evidence shows that Palmer was the front seat passenger in a pickup truck driven by Ellsworth when they were stopped by a Cherokee County deputy sheriff because a taillight on the truck was out and it had an expired dealer drive-out tag. The deputy approached the truck and asked the occupants for identification. Palmer responded that he had no identification because “he was sixteen years old but had never gone to get a license.” The deputy was immediately suspicious and decided to investigate further because Palmer looked much older than sixteen. He asked Palmer his name, date of birth, and any other identifying information he could supply. Palmer said his name was “Willie Preston” and, after some hesitation, stated that his date of birth was October 31, 1987. That birth date, however, “would have made him nineteen, turning twenty that upcoming October.” The deputy conferred with another officer who had arrived on the scene, and they decided to “talk to them separately and see if we could get to the truth of it.”

Ellsworth gave written consent to a search of the vehicle. When the first deputy searched Ellsworth’s person, he found a white powder residue which tested positive for cocaine and a piece of a drinking straw with white powder on it.

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