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Stovall v. State

The defendant was not entitled to an equal access charge, since his companion testified that the defendant bought the methamphetamine police discovered during a consent search of the defendant's vehicle.

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A Clayton County jury convicted David Wilson Stovall of possession of methamphetamine in violation of the Georgia Controlled Substances Act, OCGA § 16-13-20 et seq. Stovall appeals, contending that the State presented insufficient evidence to overcome his equal access defense. For the reasons set forth below, we affirm. When reviewing a criminal defendant’s claim that there was insufficient evidence to support his conviction, we view the evidence in the light most favorable to the verdict. Green v. State , 244 Ga. App. 565-566 1 536 SE2d 240 2000. “As long as some competent evidence exists, even though contradicted, to support each fact necessary to make out the State’s case, we will uphold the factfinder’s verdict.” Citation and punctuation omitted. Childress v. State , 251 Ga. App. 873, 876 2 554 SE2d 818 2001.

So viewed, the evidence at trial showed that on March 18, 2004, a Forest Park Police officer seized two needles, syringes, an aluminum foil pouch, and a substance that later tested positive as methamphetamine from Stovall’s vehicle parked outside the Intown Suites. Stovall had consented to the vehicle search following the arrest of his motel roommate, Tommy Williams, on other charges, including possession of crack cocaine.1

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