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Williams v. State

The trial court properly admitted the crack cocaine which officers found under a car in defendant's driveway which he sat next to for over nine hours since defendant's history of selling drugs in that area, the large amount of cash he pulled from his pocket and his nervousness gave the officers reasonable suspicion that he might be engaged in drug sales.

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A Floyd County jury found Clyde Tony Williams guilty of possession of cocaine with intent to distribute. Williams appeals by challenging 1 the trial court’s order denying his motion to suppress, and 2 the sufficiency of the evidence demonstrating intent to distribute the cocaine in his possession. Upon careful review of the errors as enumerated, we affirm Williams’ conviction.

The evidence, viewed to uphold the verdict,1 shows that Officer Tim Smith with the Rome Police Department was on routine patrol at 1:08 a.m. He saw Williams sitting in a chair in his driveway right next to the sidewalk. Williams’ residence is on the corner of Pennington Avenue and Grover Street, which has been identified as a high drug sale area. Officer Smith had previously arrested Williams twice for drug related offenses within a couple of blocks of the corner. The chair in which Williams was sitting was right beside the front passenger wheel of a broken down Chevrolet Caprice that sat in the driveway with its front end parked inches from the public sidewalk. Williams was wearing a leg monitor pursuant to his parole status.

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