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Thomas v. State

The defendant had constructive possession of cocaine found in the car in which he was a passenger because he brought it to the car, told a co-defendant to pull it from under the front seat and place it in a drinking cup when officers approached, and offered to make a deal when confronted by police.

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A jury acquitted Trampus Thomas of distributing cocaine within one thousand feet of a school, but found him guilty of trafficking in cocaine. On appeal, Thomas challenges the sufficiency of the evidence and the trial court’s denial of his motion to suppress. He also contends the state impermissibly placed his character in issue during the testimony of a witness. For reasons that follow, we affirm. 1. In considering Thomas’s challenge to the sufficiency of the evidence, we view the evidence in a light most favorable to the jury’s verdict and determine whether the evidence was sufficient to authorize a rational trier of fact to find Thomas guilty beyond a reasonable doubt.1 Moreover, we do not weigh the evidence or assess witness credibility.2

Viewed in this light, the evidence shows that on October 10, 1997, Thomas, Montago Kendrix, and Barry Holland drove to a fast food restaurant in a black Nissan owned by Holland’s girl friend.. Thomas went inside the restaurant while Kendrix and Holland waited for him.

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