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Swanger v. State

The circumstantial evidence supported a finding that defendant lived in his girlfriend's house and had joint constructive possession of the drugs found there.

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A jury convicted Michael Swanger and his girlfriend, Melissa Golden,1 of trafficking in amphetamine, OCGA § 16-13-31 e, and possession of marijuana, OCGA § 16-13-30. Swanger challenges his convictions on appeal, contending the evidence was insufficient to support the jury’s verdict and that the trial court erred in failing to give an instruction on a lesser included offense. Finding no error, we affirm.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the appellant defendant here no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Conflicts in the testimony of the witnesses, including the State’s witnesses, are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.

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