In October 2003, Charles Andrews pled guilty to possession of cocaine, OCGA § 16-13-30 a, and possession of marijuana, OCGA § 16-13-30 j 1. In lieu of sentencing, the trial court allowed Andrews to participate in DeKalb County’s “Drug Court Program” with the understanding that, if Andrews failed to comply with any provision of the Drug Court Contract, the trial court would sentence him on the drug possession charges. Following an April 22, 2005 hearing, the trial court found that Andrews had violated the provisions of the Drug Court Contract. The trial court sentenced Andrews on the possession charges, and Andrews appeals. Finding no error, we affirm. It is undisputed that, as a condition of participating in the Drug Court Program, Andrews signed a contract agreeing “to avoid people or places of disreputable or harmful character. I understand this to include people currently on probation or parole and people with felony convictions, drug users and drug dealers .” Emphasis supplied. See OCGA § 16-13-2 a.1 In April 2005, the State moved to terminate Andrews from the Drug Court Program based upon an alleged violation of this provision of the Drug Court Contract.
During an April 22, 2005 hearing, a police officer testified to the following facts: a confidential informant “C. I.” contacted the police in February 2005 regarding a person who was transporting a large amount of narcotics. While the police officer listened on a speakerphone, the C. I. received several phone calls from the person who was transporting the drugs, Mack Willingham. Willingham used “a lot of slang terms” that are commonly understood by drug users and dealers as he discussed the quantity, quality, and price of cocaine he was carrying. The C. I. and Willingham also discussed where the drugs were to be delivered, and the exact location changed several times during the conversations. The men finally agreed to meet at a Fina gas station in DeKalb County. Within minutes, Willingham arrived at the Fina station as a passenger in Andrews’ truck; Andrews was driving. Police officers apprehended Willingham and asked Andrews for permission to search the truck. Andrews gave permission, and the officers found a black plastic bag in plain view on the floor near the front passenger’s seat. The bag contained 126 grams of cocaine. The officers arrested Willingham, but did not arrest Andrews. When officers subsequently went to Willingham’s girlfriend’s home to search for more contraband, the girlfriend asked, “Charles Andrews set Willingham up, didn’t he”
