A Cobb County jury found Mike Lopez a.k.a. Cory Thomas guilty of trafficking in cocaine, OCGA § 16-13-31 a, possession of marijuana, OCGA § 16-13-30 a, possession of a firearm during the commission of a crime, OCGA § 16-11-106, and theft by receiving stolen property, OCGA § 16-8-7. Lopez appeals from the order denying his motion for new trial, raising several enumerations of error. For the reasons that follow, we reverse Lopez’ conviction for theft by receiving but affirm his remaining convictions. Viewed in the light most favorable to the jury’s verdict,1 the record shows that during the evening of May 29, 2000, a police officer observed a black Ford Explorer with tinted windows moving erratically through traffic behind him. When the officer moved into the lane in front of the Explorer, the driver slowed down to about 15 to 20 miles per hour to avoid passing the officer. The officer pulled the driver over for an improper lane change. The officer determined Jimmy Lee Pitts was driving; Pitts’ passenger identified himself as Mike Lopez. The officer testified that Pitts was extremely nervous and that his hands were shaking. Pitts rolled his window down just half-way when he handed the officer his license. When Pitts took his proof of insurance from the glove box, he turned his back to the officer, completely blocking the officer’s view of what he was doing. This behavior prompted the officer to ask Pitts to step out of the car. Pitts complied. During the conversation that followed, Pitts was evasive about where he had been that evening. Lopez, who had no identification, was also evasive when questioned. The officer asked Lopez to step out of the car and patted him down for weapons. During the pat-down, the officer discovered a large roll of cash totaling $1,400 on Lopez’ person. Pitts did not have any money. The officer asked Pitts for permission to search the car and Pitts agreed. Lopez became agitated about what the officer was about to do and would not remain at the back of the car where the officer told him to stay.
When the officer leaned inside the car, he smelled the “pungent” odor of raw marijuana. He opened the glove box and found a loaded .40 caliber Glock pistol. The pistol, stamped “Restricted to Law Enforcement Government Only,” was fully loaded with Winchester “black talon” hollow-point bullets, ammunition police officers use. The officer reported the serial number on the weapon to dispatch, who told the officer the pistol had been reported stolen from the Fulton County Police Department. The officer testified that such a weapon was not available for public sale and could only be obtained by theft or on the black market.
