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Dowdy v. State

The equal access rule was inapplicable because defendant's possession of the car was not the only evidence of his possession of the contraband.

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Jameel Laquent Dowdy appeals his conviction and sentence on several charges arising from a traffic stop. He contends the evidence was insufficient to support the verdict. Construed in favor of the verdict, the evidence shows that on August 15, 2001, Dowdy learned that his friend Dexter Smith had a flat tire and needed assistance in Colbert, Georgia. So, Dowdy drove his grandmother’s car from his residence in Athens to Colbert and along the way picked up another friend, Lee Nora Elder. In Colbert, Dowdy picked up Smith, as well as Dereka Rucker and Rico Adams who had been riding with Smith, and then began the trip back to Athens. The three new passengers rode in the back seat. Although Rucker testified that she was in the center seat, the first officer on the scene testified that Smith was in the center seat.

Less than five minutes later, at approximately 1:30 a.m., Dowdy was seen by Madison County Sheriff’s Deputy Jeremy Howell driving at a high rate of speed, unable to maintain his lane, and crossing the center line. After Howell began to pursue Dowdy, Dowdy tried to elude Howell by turning onto back roads, but eventually he stopped in an area that was well lit. Howell initiated a traffic stop, and he could see that Dowdy was driving the car.

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