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Cody v. State

A drug dog alerted to two rocks of cocaine in the passenger compartment of the defendant's vehicle and more crack cocaine fell from the defendant's sock during his arrest.

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A Chatham County jury convicted Lenorris Cody of one count of possession of cocaine in violation of the Controlled Substances Act, OCGA § 16-13-20 et seq. Cody appeals challenging the sufficiency of the evidence to convict him and contending the trial court erred by failing to give his request to charge on equal access; by admitting evidence obtained from an allegedly pretextual traffic stop; and by sentencing him as a recidivist. Finding no error, we affirm. Viewed in the light most favorable to the verdict, the evidence shows that a Savannah police officer stopped Cody after he observed Cody, who was accompanied by co-defendant Vernon Carter, driving a vehicle without wearing a seat belt. While the arresting officer was checking the validity of Cody’s driver’s license and writing the traffic citation, another officer on the scene walked a drug sniffing dog around Cody’s vehicle. After the dog alerted on the driver’s door, the arresting officer completed writing the citation, and asked Cody for permission to search the vehicle. Cody consented. During the course of the search, the officers seized a baggie containing a powder residue and two rocks of crack cocaine from the passenger compartment of the vehicle.

Cody and co-defendant Carter were then placed under arrest and transported to the Chatham County Detention Center. While Cody was being booked-in, a black plastic bag containing additional crack cocaine fell from Cody’s sock. Cody then tried to hide the bag with his foot. A baggie containing a powdery substance was also seized from Carter during the book-in process.1

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