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Tanner v. State

Evidence that the defendant was arrested for loitering in a known drug area was admissible to explain the circumstances of his arrest for possessing cocaine, which fell out of his pocket during a pat-down search.

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Following a jury trial, Marvin Tanner appeals his conviction of violating the Georgia Controlled Substances Act for possession of cocaine. Tanner contends that the trial court erred by admitting evidence of his arrest for loitering in an area known for drug activity and by admitting evidence of similar transaction. We find that both the circumstances of Tanner’s arrest and the similar transaction evidence were properly admitted, and we affirm.

“On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and Tanner no longer enjoys a presumption of innocence.” Punctuation omitted. Eason v. State, 234 Ga. App. 595, 596 1 507 SE2d 175 1998. So viewed, the evidence at trial shows that Tanner and two others were arrested for loitering in an area known for unlawful drug use and trafficking. During the book-in procedure, Tanner was asked to place his hands on the wall so an officer could search him. When Tanner removed his hands from his pockets, the arresting officer saw a rock of cocaine fall out of Tanner’s left pocket. Tanner was then placed under arrest for possession of cocaine. Ultimately, Tanner was not charged with the loitering offense.

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