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cannot be determined as a matter of law at this pretrial stage.” Ahmed v. State, 322 Ga.App. 154, 744 S.E.2d 345 (June 10, 2013). Conviction for possession of cocaine with intent to distribute affirmed; evidence was sufficient to show constructive possession. “Ahmed leased the apartment at issue, and, as the lessee, he was issued keys to the apartment and its storage shed. That he and Vance were roommates is undisputed. Such evidence was sufficient to authorize the jury to conclude that he and Vance were in joint constructive possession of the cocaine and marijuana. … Having leased the apartment, Ahmed had access to all the contraband seized in the common areas thereof and its locked storage shed. Furthermore, the cocaine and marijuana at issue were clearly not held for personal use, both in large quantities and bagged for apparent resale. See, e.g., Ryan v. State, 277 Ga.App. 490, 493(3), 627 S.E.2d 128 (2006).” White v. State, 318 Ga.App. 581, 734 S.E.2d 421 (November 16, 2012 ). Physical precedent only. Evidence didn’t support revocation of defendant’s drug and firearm sentence. Drugs were found at lawn mower shop frequented by White, but “the circumstantial evidence was insufficient to show White's constructive possession of the contraband found. White neither owned nor leased any portion of the property. There was no evidence that he lived on or controlled any of the premises. The state adduced no evidence that any controlled substance was found in White's truck, that any controlled substance was found on his person, or that he was under the influence of any such drug. … And while the evidence showed that it was not uncommon for White to go inside the shop, there was no evidence as to when, prior to the discovery of the drugs, White had been inside the shop. The investigator testified that he never saw White go inside the shop. Moreover, at the time in question, three men were already at the opened shop, and one of those men was a shop employee. [fn] Given the foregoing circumstances, [fn] the evidence fell short of proving, even under the more relaxed preponderance of the evidence standard, that White was in constructive possession of the drugs found inside the shop.” Palencia-Barron v. State, 318 Ga.App. 301, 733 S.E.2d 824 (October 31, 2012). Conviction for methamphetamine trafficking confirmed; jury could find that defendant/truck passenger possessed bags of meth located on floorboard of truck at his feet. “‘As a general rule, when drugs are found in the immediate presence of the defendant, the jury is authorized to find they are in constructive possession of the accused.’ Dunn v. State, 277 Ga.App. 209(1) (626 S.E.2d 174) (2006) (punctuation and footnote omitted).” Garcia v. State, 316 Ga.App. 787, 730 S.E.2d 455 (July 11, 2012). Cocaine trafficking, firearms and related convictions reversed; evidence of mere spatial proximity of defendant to drugs and guns hidden in house was insufficient to support convictions. “In this case, it is undisputed that appellant did not reside at the home, so there is no presumption that appellant had control of the drugs. Rather, the state's arguments purporting to connect appellant to the drugs are that ‘no one is in a stash house containing drugs worth $750,000 at 10:30 p.m. unless they have a vested interest in what is inside’; that there was a visible drug-trafficking-related ‘shrine’ in the living room and a ledger on the living room mantle; and that the occupants of the house had ample opportunity to hide the weapons during the ‘missing three minutes’ between when the FBI agents first began knocking and when the door was answered. Additionally, the state points to evidence that the clothes appellant wore while mowing the grass were in bedroom ‘E’; however, none of the drugs were found hidden in that room.” Evidence showed that other co-defendants lived at the residence; Garcia was seen cutting the grass on the day police searched the house, and may have been there on prior occasions, but no evidence indicated he lived there. Smith v. State, 316 Ga.App. 175, 728 S.E.2d 808 (June 12, 2012). Conviction for cocaine trafficking affirmed; evidence supported finding of constructive possession of large amount of cocaine in trunk by defendant, driver of the rental car. Car also contained a large amount of cash in a women’s shoe box in the back seat; powder cocaine on the back seat; and a strong odor of marijuana throughout. “According to the officer, the amount and value of the cocaine was so great that it would only be entrusted to a drug trafficker or someone ‘high up’ in a trafficking organization, and he noted that there was so much cocaine that it would ‘supply a town like Griffin for some time.’ Thus, it was his opinion that no one would have inadvertently left or forgotten the cocaine in the rental car and that it had been intentionally hidden so it could be smuggled to another city for distribution.” Peppers v. State, 315 Ga.App. 770, 728 S.E.2d 286 (May 3, 2012). Evidence didn’t support conviction for felon in possession of firearm. “While Peppers knew the location of the shotgun, there was no evidence presented that he had actual possession of it outside of possibly handing it to officers at their request, nor is there evidence that Peppers was in constructive possession of the shotgun.” Unrebutted evidence showed that the gun belonged to defendant’s roommate, who “testified that the rifle and shotgun belonged to her and that she kept them in her bedroom
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