Kidd v. State

The trial court did not improperly shift the burden of proof to the defendant in charging the jury that an owner of an automobile is presumed to be in possession of its contents, since the trial court clearly charged the jury that the presumption is not mandatory.

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Windell Ray Kidd appeals following his conviction by a jury of one count of cocaine possession and one count of giving a false name to a law enforcement officer. We affirm. Early on the morning of December 11, 2001, Gwinnett County Police Officer Christian Reynolds was on patrol on Highway 29 near Lilburn, when he observed that the license plate on the pickup truck in front of him hung down at an angle because it was secured with only one screw. After the officer ran a computer check on the tag and determined that it was no longer assigned to the truck, he initiated a traffic stop. He approached the truck and asked the driver for his license and insurance card. In response, the driver produced a Florida driver’s license in the name of Reginald Lanard Mosely and an insurance card in the name of Windell Kidd. When Officer Reynolds asked the driver about the discrepancy, he replied that he had borrowed the truck from his friend, Windell Kidd.

The officer ran a computer check on Mosely’s license and determined that it had been suspended indefinitely. He then informed the driver that he was being placed under arrest for driving on a suspended license. The driver responded by stating that his name was not really Reginald Mosely. After placing the driver under arrest, the officer searched his wallet and discovered a social security card belonging to Mosely. Later, the driver identified himself as Windell Kidd, and a subsequent check on Kidd’s driver’s license revealed that it also had been suspended.

Kidd v. State

The trial court did not improperly shift the burden of proof to the defendant in charging the jury that an owner of an automobile is presumed to be in possession of its contents, since the trial court clearly charged the jury that the presumption is not mandatory.

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