Upshaw v. State

A jury found Jerome Upshaw guilty of possession of cocaine, possession of cocaine with intent to distribute, possession of cocaine within 1000 feet of a housing project, and possession of a firearm by a convicted felon.1 On appeal, Upshaw contends the trial court erred in denying his motion to suppress, admitting evidence of a similar transaction, and permitting the State to introduce character evidence. Upshaw also asserts that he received ineffective assistance of both appellate and trial counsel. As Upshaw’s claims of error lack merit, we affirm.

The record demonstrates that federal law enforcement officers were investigating a bank robbery that occurred in Alabama. In connection with this investigation, the officers obtained a search warrant for an apartment in Columbus, Georgia, which was located in a public housing development. When the officers executed the warrant, they detained Upshaw, who was the only person in the apartment. During their search, the officers discovered crack cocaine, handguns, a scale, and approximately 200 plastic bags. The officers arrested Upshaw, searched him, and discovered a pager and over $800 in cash. Police took Upshaw to local police headquarters where he was told that drugs were found in the apartment. Upshaw immediately responded, “all of that stuff is mine.” Detective Charles Kennedy then read Upshaw his Miranda rights, which Upshaw waived before providing a written statement in which he, once again, admitted that the drugs and drug paraphernalia belonged to him.