Copeland v. State

759 S.E.2d 593, 327 Ga. App. 520, 2014 Fulton County D. Rep. 1626, 2014 WL 2598716, 2014 Ga. App. LEXIS 373
Court of Appeals of Georgia·Decided June 11, 2014·No. A14A0404·Published·Cited by 16 cases

Opinion

ANDREWS, Presiding Judge.

A Spalding County jury convicted Toby Tremayne Copeland of possession of marijuana more than an ounce (OCGA § 16-13-30 (j)), possession of marijuana with intent to distribute (OCGA § 16-13-30 (j)), possession of a firearm during the commission of a crime [521] (OCGA § 16-11-106), andreckless conduct (OCGA § 16-5-60 (b)). Copeland appeals from the denial of his motion for new trial, as amended, challenging the admission of testimony purporting to explain police conduct and behavior common to drug activity, the effectiveness of trial counsel, and the sufficiency of the evidence. He also contends that the trial court erred when it ignored his post-trial request to weigh the credibility of the witnesses against him. Discerning no error, we affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence shows that on July 1, 2010, Lieutenant Curtis Keys of the Griffin Police Department began a seven-day surveillance of 236 Armstead Circle, Griffin, Georgia (the “property”). Lieutenant Keys had known of Copeland for ten years, was familiar with the car he drove, and believed he lived at the property because “that’s the house I always see him at and always see his car at and he is normally in and out of that house.” In addition, during the time the property was surveilled, Copeland would simply enter the property without knocking and would stay there for hours and through the night. The surveillance officers suspected drug activity at the property because they observed multiple vehicles coming and going from it, the vehicles typically staying not more than two minutes.

When Special Agent Tishe Dyer checked the utilities usage for the property, she learned that the power company had not authorized service at its address. Noting that lights were nonetheless being used, the police obtained a knock-and-announce search warrant.

Although Corporal Stan Phillips and Officer Jonathan McGhee knocked loudly upon executing the warrant, the use of a ram was required to gain access through the barricaded front door of the property. Once inside, the entry team found three individuals: co-defendant Markevius Henley,1 who had not been seen earlier in the week’s surveillance, Henley’s eight-year-old-son, and Copeland. Copeland emerged from the back of the property, cut away from the officers and ran into a bedroom where Phillips and McGhee “took him to the ground and secured him.” There the officers found a box of .40 caliber ammunition, three cell phones, a television displaying live feed from the front door of the house, a police scanner tuned to the Griffin Police Department’s frequency, a handgun hidden under the mattress of a bed a foot or two from where Copeland fell, a pair of scissors with a green leafy substance on it, a Hope Scholarship application on which Copeland’s name appeared as the applicant, men’s clothing, men’s shoes, and a [522] pill bottle bearing Copeland’s mother’s name. Two of the cell phones contained Copeland’s digital picture; a cell phone which belonged to Henley had a text message on it that said “[j]ust got four purp for 14.50.” Special Agent Dyer explained that her experience and training indicated that such a message translated to the type and quantity of marijuana in a drug transaction. Several messages in another cell phone found in the bedroom advised the recipient of police activity nearby. Delivered on July 8, 2010, approximately 23 minutes before the warrant was executed, the messages read: “Police setting some sh** up across the street near you”; “They next door in the back yard”; and “Shorty say don’t go to your door. Shut it down today.”

Under a couch in another bedroom, Corporal Phillips found a small plastic bag containing suspected marijuana. Corporal Chad Moxon, a K-9 handler, found a black trash bag containing three additional plastic bags containing suspected marijuana. The trash bag was concealed under brush and leaves in the woodline directly behind and “[mjaybe 20 yards” from the property. The contents of the bags seized in and outside the residence, as well as the substance taken from the scissors, later tested positive for marijuana having a net weight of 59.80 grams.

1. Copeland contends that the circumstantial evidence presented by the State was insufficient to show that he was in constructive possession of the marijuana and weapon at issue, requiring that his convictions be reversed. As to the marijuana seized behind the property, he makes the further argument that another person had equal access thereto, this also requiring reversal. These claims are not persuasive.

This Court determines the issue of evidentiary sufficiency under the standard ofreview set out in Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979). “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Citation omitted; emphasis in original.) Id. at 319 (III) (B). “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict.” (Citation omitted.) Rankin v. State, 278 Ga. 704, 705 (606 SE2d 269) (2004).

A person who knowingly has direct physical control over a thing at a given time is in actual possession of it. A person who, though not in actual possession, knowingly has both the power and intention at a given time to exercise dominion or control over a thing is then in constructive possession of it. [523] The law recognizes that possession may be sole or joint. If one person alone has actual or constructive possession of a thing, possession is sole. If two or more persons shared actual or constructive possession of a thing, possession is joint.

(Citations and punctuation omitted.) Vines v. State, 296 Ga. App. 543, 545 (1) (675 SE2d 260) (2009). We find that the State presented evidence sufficient for the jury to reject Copeland’s defenses and to find beyond a reasonable doubt that, because he knowingly had both the power and intention to exercise control over the contraband in and outside the property, he had constructive possession thereof.

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Copeland v. State, 759 S.E.2d 593, 327 Ga. App. 520, 2014 Fulton County D. Rep. 1626, 2014 WL 2598716, 2014 Ga. App. LEXIS 373 (Ga. Ct. App. 2014).

759 S.E.2d 593 (Copeland v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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