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Glenn v. State
Citations: 553 S.E.2d 323; 251 Ga. App. 336; 2001 Fulton County D. Rep. 2481; 2001 Ga. App. LEXIS 892Docket: A01A1046
Court: Court of Appeals of Georgia; August 1, 2001; Georgia; State Appellate Court
James Glenn appeals his conviction for possession of cocaine with intent to distribute, arguing that the trial court erred in denying his motion for a directed verdict and that the evidence was insufficient to support the conviction. The Court of Appeals of Georgia affirms the conviction, stating that the standard for reviewing the denial of a directed verdict is the same as that for assessing evidence sufficiency. The court examines the record favorably toward the jury's verdict, determining whether a rational fact-finder could have found the essential elements of the crime beyond a reasonable doubt. On April 15, 1999, Lynn Archer visited his daughter Tammy Kivett’s apartment and found Glenn and another individual inside. After leaving, Archer informed Kivett, who then called the police. Deputies arrived after midnight, and upon entering with Kivett's consent, they discovered Glenn, another individual, and drug paraphernalia, including a crack cocaine smoking device and over 12 grams of cocaine, throughout the apartment. Evidence included various drug paraphernalia in plain view and hidden locations, and Glenn acknowledged ownership of a bag containing clothing found in the bedroom. Though acquitted of burglary, the jury convicted Glenn of possession with intent to distribute. He contends that the evidence presented was merely circumstantial and insufficient to establish his connection to the drugs beyond his presence at the scene. The court finds sufficient evidence supporting the jury's verdict, thereby affirming the conviction. Possession of cocaine can be joint or exclusive, and evidence indicated that Glenn, Washington, and Floyd had equal access to the drug, establishing their joint constructive possession. Glenn's presence in the apartment for over three and a half hours before police arrival, along with his opening the door for officers, suggested he had control over the premises. His connection to the locations of the cocaine and paraphernalia, including the area near a syringe and a bag of clothing found in the bedroom, further supported this inference. Glenn contended that evidence was insufficient to prove intent to distribute; however, expert testimony established that the quantity of cocaine found exceeded typical personal use amounts. The cocaine's approximate street value of $2,500 indicated it was likely intended for distribution. Consequently, the jury had enough evidence to convict Glenn of possession with intent to distribute, leading to the affirmation of the judgment and denial of a directed verdict. Co-defendant Washington's separate appeal and the status of other co-defendants were noted, as well as the stipulation regarding the admission of evidence related to cocaine particles found.