Mantooth v. State

783 S.E.2d 133, 335 Ga. App. 734, 2016 Ga. App. LEXIS 124
CourtCourt of Appeals of Georgia
DecidedFebruary 18, 2016
DocketA15A1791
StatusPublished
Cited by8 cases

This text of 783 S.E.2d 133 (Mantooth v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mantooth v. State, 783 S.E.2d 133, 335 Ga. App. 734, 2016 Ga. App. LEXIS 124 (Ga. Ct. App. 2016).

Opinion

Mercier, Judge.

Harold Mantooth appeals his conviction for possession of a firearm by a convicted felon under OCGA § 16-11-131 (b), as well as his conviction for possession of less than one gram of methamphetamine under OCGA § 16-13-30 (a). Mantooth contends there was insufficient evidence for a jury to find that he possessed a firearm, and that even if the State proved possession, it failed to prove that the object possessed was a firearm as defined in OCGA § 16-11-131. Mantooth argues next that the trial court erred in denying his motion for a directed verdict as to the count of possession of methamphetamine. Finding no error, we affirm.

1. Mantooth argues that there was insufficient evidence that he possessed the object the State contends was a firearm. Furthermore, he claims that even if possession was proven no rational trier of fact could have found that the disassembled rifle was a firearm. For the following reasons, we disagree.

(a) It is well established in considering the sufficiency of the evidence in a case involving a criminal conviction that “the 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.” Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt 2781, 61 LE2d 560) (1979) (citation omitted). In doing so “[a]n appellate court does not weigh the evidence or judge the credibility of the witnesses but only determines whether the evidence to convict is sufficient under the standard of Jackson v. Virginia.” Krauss v. State, 263 Ga. App. 488, 488 (1) (588 SE2d 239) (2003) (footnote omitted).

Viewed in this light, the evidence shows that in January 2014 two probation officers arrived unannounced at Mantooth’s residence. Mantooth was on probation. The officers were met by Mantooth’s mother, who informed the officers that Mantooth was in the apartment above the garage some 100 feet behind the house. The officers met Mantooth in the garage as he descended the stairs from the apartment. One of the officers noticed some unspent rifle shells lying on a table next to the stairs. The other observed that Mantooth smelled of alcohol, and had a “chemical smell about him.”

At that point the officers requested Mantooth’s consent to search the living area of the apartment. He consented, and the officers proceeded upstairs into the apartment. Two other individuals were in the apartment at the time (T..A. and R. D.). After a brief search of the apartment the officers located what they identified as a firearm under two pillows on top of the bed. The officers then placed Mantooth [735]*735in restraints and conducted a more thorough search of the premises. The search uncovered methamphetamine on the floor, three methamphetamine pipes under a couch cushion, gun parts, and pocket knives. The probation officers placed the items on a table, and waited until another officer arrived to process the evidence. Along with the contraband found in the apartment, another individual in the apartment, T. A., was found to have methamphetamine on his person. Mantooth was ultimately arrested, charged, and tried for possession of methamphetamine and possession of a firearm by a convicted felon.

Mantooth argues first that there was insufficient evidence to find he possessed the purported firearm. “The law recognizes two kinds of possession, actual possession and constructive possession. A person who knowingly has direct physical control over a thing at a given time is in actual possession of it.” Smith v. State, 316 Ga. App. 175, 177 (1) (728 SE2d 808) (2012) (citation and punctuation omitted). See also Lockwood v. State, 257 Ga. 796, 797-798 (364 SE2d 574) (1988). Here, it is undisputed that Mantooth did not actually possess the purported firearm. Instead Mantooth had just exited the apartment where the firearm was found. The State was therefore required to prove constructive possession.

A person is in constructive possession of an object when he knowingly has both the power and intention at a given time to exercise dominion over the object. A finding of constructive possession must be based upon some connection between the defendant and the contraband other than spatial proximity. Evidence of mere presence at the scene of the crime, and nothing more to show participation of a defendant in the illegal act, is insufficient to support a conviction.

Fluker v. State, 296 Ga. App. 347, 349 (674 SE2d 404) (2009) (citations and punctuation omitted).

“Constructive possession is sufficient to show violation of the statute, and it may be proved by circumstantial evidence.” Mask v. State, 309 Ga. App. 761, 763 (2) (711 SE2d 348) (2011). During the trial the jury heard evidence that Mantooth was more than merely present at the apartment where the firearm was found. On previous occasions Mantooth had been present in the apartment when probation officers visited him. In fact one probation officer testified that Mantooth had been in the apartment every time he had visited, except for one occasion when Mantooth was in the driveway. T. A., another individual arrested at the same time, testified that when visiting Mantooth on previous occasions he had met Mantooth at the [736]*736apartment above the garage, and he also testified that Mantooth kept personal belongings in the apartment. Furthermore, Mantooth’s mother testified that Mantooth had access to the apartment “at any time.” T. A. testified that he had seen the firearm at the apartment, and he had not brought it there. When they entered the garage, the probation officers found rifle ammunition lying on a table at the base of the stairs leading to the apartment. After conducting a search, the officers then located the parts of a disassembled rifle.

The trial court instructed the jury during its charge on, among other things, mere presence, intent, actual and constructive possession, sole and joint possession, and equal opportunity.

“As long as there is slight evidence of access, power, and intention to exercise control or dominion over the contraband, the question of fact regarding constructive possession remains within the domain of the trier of fact.” Ferrell v. State, 312 Ga. App. 122, 124 (1) (717 SE2d 705) (2011) (punctuation and footnote omitted).

We conclude that the evidence presented was sufficient for the jury to find beyond a reasonable doubt that Mantooth had access, power, and intention to exercise dominion or control over the firearm found in the apartment. See Smith, 316 Ga. App. at 178 (1); Layne v. State, 313 Ga. App. 608, 612 (2) (722 SE2d 351) (2012); compare Peppers v. State, 315 Ga. App. 770, 772 (728 SE2d 286) (2012). As a result, it was authorized to find him guilty of possession of a firearm by a convicted felon.

(b) Mantooth contends further that even if the State proved possession, the jury could not have found that the disassembled rifle was a firearm. OCGA § 16-11-131

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Bluebook (online)
783 S.E.2d 133, 335 Ga. App. 734, 2016 Ga. App. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mantooth-v-state-gactapp-2016.