Ryans v. State, 487 S.E.2d 130 (Ga. Ct. App. 1997). · Go Syfert
Ryans v. State, 487 S.E.2d 130 (Ga. Ct. App. 1997). Cases Citing This Book View Copy Cite
39 citation events (22 in the last 25 years) across 1 distinct court.
Strongest positive: Green v. State (gactapp, 2009-05-18)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) Green v. State
Ga. Ct. App. · 2009 · confidence medium
Ryans v. State, 226 Ga. App. 595, 597 (1) ( 487 SE2d 130 ) (1997).
discussed Cited as authority (rule) Neugent v. State
Ga. Ct. App. · 2008 · confidence medium
See, e.g., id. at 388-389 (witness testimony linking the defendant to the drugs provided additional evidence of constructive possession); Jackson v. State, 281 Ga. App. 83, 85 (1) ( 635 SE2d 372 ) (2006) (jury can infer possession when drugs are found in the immediate presence of the defendant); Ryans v. State, 226 Ga. App. 595, 596-597 (1) ( 487 SE2d 130 ) (1997) (inculpatory statements of the defendant provided additional evidence of constructive possession).
discussed Cited as authority (rule) In the Interest of Q. M.
Ga. Ct. App. · 2008 · confidence medium
See Jackson v. Virginia, 443 U. S. 307 (99 SC 2781,61 LE2d 560) (1979); Millsap v. State, 275 Ga. App. 732, 734 (1) ( 621 SE2d 837 ) (2005); Ryans v. State, 226 Ga. App. 595, 596-597 (1) ( 487 SE2d 130 ) (1997).
discussed Cited as authority (rule) In Re Qm
Ga. Ct. App. · 2008 · confidence medium
However, the video was not included in the record, and the trial court clerk's office indicated that the videotape had been destroyed. [4] (Citations and punctuation omitted.) Anderson v. State, 247 Ga. 397, 399 (2), 276 S.E.2d 603 (1981). [5] See id.; Cook v. State, 287 Ga.App. 81, 81-82 (1), 650 S.E.2d 757 (2007); Stringer v. State, 285 Ga.App. 599, 604-605 (2), 647 S.E.2d 310 (2007); Tran v. State, 246 Ga.App. 153, 159 (5), 539 S.E.2d 862 (2000). [6] See Burroughs v. State, 190 Ga.App. 467, 470 (1)(b), 379 S.E.2d 175 (1989); Rabern v. State, of Ga., 221 Ga.App. 874, 875 (2), 473 S.E.2d 547 …
cited Cited as authority (rule) Stringer v. State
Ga. Ct. App. · 2005 · confidence medium
Ryans v. State, 226 Ga. App. 595, 597 ( 487 SE2d 130 ) (1997).
discussed Cited as authority (rule) Ogle v. State
Ga. Ct. App. · 2004 · confidence medium
Ruffin, P J., and Adams, J., concur. 1 Rogers v. State, 247 Ga. App. 219, 226 (9) ( 543 SE2d 81 ) (2000); Ryans v. State, 226 Ga. App. 595, 597 (2) ( 487 SE2d 130 ) (1997). 2 Pickren v. State, 269 Ga. 453 (1) ( 500 SE2d 566 ) (1998). 3 269 Ga. 317 ( 496 SE2d 896 ) (1998). 4 Brown v. State, 250 Ga. App. 147 (1) ( 550 SE2d 701 ) (2001). 5 Brownlow v. State, 248 Ga. App. 366, 368 (2) (a) ( 544 SE2d 472 ) (2001); Odom v. State, 243 Ga. App. 227 -230 (1) (a), (c) ( 531 SE2d 207 ) (2000). 6 (Citation and punctuation omitted.) Robinson v. State, 278 Ga. 31, 36 (3) (c) ( 597 SE2d 386 ) (2004). 7 (Emph…
discussed Cited as authority (rule) Helton v. State
Ga. Ct. App. · 2004 · confidence medium
Ruffin, P. J., and Adams, J., concur. 1 (Citation omitted; emphasis in original.) Pippins v. State, 263 Ga. App. 453 -454 (1) ( 588 SE2d 278 ) (2003). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 An objection based upon inadmissible “expert opinion” evidence was sustained in relation to earlier, unrelated testimony; the objection raised to the instant testimony was “Judge, I am going to object to what she felt like she knew and ask that that be stricken.” 4 (Citation omitted.) Rogers v. State, 247 Ga. App. 219, 226 (9) ( 543 SE2d 81 ) (2000). 5 Ryans v. Stat…
discussed Cited as authority (rule) Etchison v. State
Ga. Ct. App. · 2004 · confidence medium
See also Haney v. State, 234 Ga. App. 214, 216 ( 507 SE2d 18 ) (1998); Leonard v. State, 228 Ga. App. 792, 797 ( 492 SE2d 747 ) (1997); Ryans v. State, 226 Ga. App. 595, 597 ( 487 SE2d 130 ) (1997); Mosier v. State, 223 Ga. App. 75, 76 ( 476 SE2d 842 ) (1996).
discussed Cited as authority (rule) Anderson v. State
Ga. Ct. App. · 2003 · confidence medium
Ellington and Phipps, JJ, concur. 1 Pollard, v. State, 230 Ga. App. 159 ( 495 SE2d 629 ) (1998). 2 Walters v. State, 244 Ga. App. 657, 658 ( 538 SE2d 451 ) (2000). 3 Manous v. State, 205 Ga. App. 804, 805 (1) ( 423 SE2d 721 ) (1992). 4 Burnette v. State, 168 Ga. App. 578, 579 (2) ( 309 SE2d 875 ) (1983). 5 Ranson v. State, 198 Ga. App. 659, 660 (2) ( 402 SE2d 740 ) (1991). 6 Ryans v. State, 226 Ga. App. 595, 597 (2) ( 487 SE2d 130 ) (1997). 7 Smarr v. State, 199 Ga. App. 572, 573 (2) ( 405 SE2d 561 ) (1991). 8 Carroll v. State, 255 Ga. App. 230, 232 (3) ( 564 SE2d 833 ) (2002). 9 Paul v. State…
discussed Cited as authority (rule) Carter v. State
Ga. Ct. App. · 2003 · confidence medium
Speed II, District Attorney, Charles S. Cox, Assistant District Attorney, for appellee. 1 Humphreys v. State, 253 Ga. App. 344, 345 ( 559 SE2d 99 ) (2002). 2 Id. 3 Eason v. State, 234 Ga. App. 595, 596 (1) ( 507 SE2d 175 ) (1998). 4 Id. 5 Addison v. State, 254 Ga. App. 347, 349 (3) ( 564 SE2d 204 ) (2002). 6 Id. 7 Wilson v. State, 256 Ga. App. 741, 742 (1) ( 569 SE2d 640 ) (2002). 8 Id. 9 Id. 10 See Allen v. State, 191 Ga. App. 623, 625 (2) ( 382 SE2d 690 ) (1989). 11 See Ryans v. State, 226 Ga. App. 595, 597 (1) ( 487 SE2d 130 ) (1997). 12 Riley v. State, 268 Ga. 640, 643 (4) ( 491 SE2d 802 )…
discussed Cited as authority (rule) Werner v. State
Ga. Ct. App. · 2000 · confidence medium
Ryans v. State, 226 Ga. App. 595, 597 (2) ( 487 SE2d 130 ) (1997); compare McClarity v. State, 234 Ga. App. 348, 349 (2) ( 506 SE2d 392 ) (1998) (if motion in limine is denied, losing party need not renew objection when evidence offered).
cited Cited as authority (rule) Eubanks v. State
Ga. Ct. App. · 1999 · confidence medium
Ryans v. State, 226 Ga. App. 595, 596 (1) ( 487 SE2d 130 ) (1997).
discussed Cited as authority (rule) Guild v. State (2×)
Ga. Ct. App. · 1999 · confidence medium
See Andrews v. State, 219 Ga.App. 808, 809 (1), 466 S.E.2d 909 (1996); Ryans v. State, 226 Ga.App. 595, 597 (1), 487 S.E.2d 130 (1997). 6.
cited Cited as authority (rule) Metropolitan Atlanta Rapid Transit Authority v. Green International, Inc.
Ga. Ct. App. · 1998 · confidence medium
Ryans v. State, 226 Ga. App. 595, 597 (2) *426 ( 487 SE2d 130 ) (1997).
examined Cited as authority (rule) Francis v. State (4×) also: Cited "see"
Ga. Ct. App. · 1998 · confidence medium
Ryans, 226 Ga. App. at 596 (1).
discussed Cited as authority (rule) Leonard v. State
Ga. Ct. App. · 1997 · confidence medium
Earl v. State, 214 Ga. App. 891, 892 (1) ( 449 SE2d 361 ) (1994).” Ryans v. State, 226 Ga. App. 595, 596-597 (1) ( 487 SE2d 130 ) (1997); see also Lester v. State, 226 Ga. App. 373, 376 (2) ( 487 SE2d 25 ) (1997).
discussed Cited "see" Lee v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Ryans v. State, 226 Ga. App. 595 (2) ( 487 SE2d 130 ) (1997).
discussed Cited "see, e.g." McGee v. State (2×)
Ga. Ct. App. · 2007 · signal: see also · confidence medium
Blackburn, P. J., and Bernes, J., concur. 1 See Collins v. State, 273 Ga. App. 598 ( 615 SE2d 646 ) (2005). 2 Id. 3 See id. at 601 (3). 4 See id. 5 Id. 6 See id. 7 See id. 8 See Townsend v. State, 253 Ga. App. 316, 317 ( 558 SE2d 849 ) (2002); see also Ryans v. State, 226 Ga. App. 595, 596-597 (1) ( 487 SE2d 130 ) (1997) (evidence that defendant was carrying a large sum of cash helped support conclusion that defendant constructively possessed drugs at issue). 9 See Townsend, supra; Mitchell v. State, 222 Ga. App. 453, 455 (2) ( 474 SE2d 306 ) (1996); OCGA§ 16-13-31 (a) (1) (“[a]ny person wh…
Retrieving the full opinion text from the archive…
Ryans
v.
the State
A97A0508.
Court of Appeals of Georgia.
May 29, 1997.
487 S.E.2d 130
1997 Ga. App. LEXIS 707
James M. Cranford, for appellant., Charles H. Weston, District Attorney, Laura D. Hogue, Assistant District Attorney, for appellee.
Smith, McMurray, Beasley, Wilcox.
Cited by 19 opinions  |  Published
Smith, Judge.

Jarvis Jarmell Ryans, Johnathan Moran Davis, and Leroy Thomas Foster II were indicted by a Bibb County grand jury on one count of possession of cocaine with intent to distribute, OCGA § 16-13-30 (b). They were convicted by a jury. Their motions for new trial were denied, and Ryans brings this appeal.

1. Ryans enumerates the general grounds, contending that the evidence was insufficient because it shows only his mere presence at the scene. Construed in favor of the jury’s verdict, the evidence showed that several officers with the Macon Police Department responded to a call from a local resident that drug transactions were[*596] taking place at two apartment buildings that had been the site of numerous drug arrests, searches, and complaints in the past. When the officers arrived at the scene, two individuals standing on the street attempted to run; one was apprehended. After placing that individual in a police car, the officers found three men, later identified as Ryans, Davis, and Foster, in the dark at the rear of the apartments, on or near a railing between the buildings. Drugs were found beside a chair next to the railing. More drugs were found on the ground on the other side of the railing, directly below the men. An officer testified that a total of 35 rocks of crack cocaine were recovered, worth approximately $700. According to the officer, this was more cocaine than a user would have in his possession. No pipes or smoking materials were found by the police, but Ryans was carrying a total of $136 in twenties, tens, and six ones and a flashlight with a blue lens, which he contended he used in his employment at a car wash. In the officer’s opinion,' not many drug dealers would allow such a large quantity of cocaine out of their possession for very long.

Questioned by the police, Ryans told them that he had come to the apartments to visit a friend, Williams. The police inquired of Williams’s sister, a resident, who told them orally and in a written statement that Williams did not live there and was not supposed to be there. The sister testified at trial and affirmed her written statement, although she acknowledged on cross-examination that her brother had a key to her apartment and occasionally stayed there.

Ryans signed a waiver of counsel form and gave a written statement to police in which he acknowledged he knew about the cocaine but claimed that it belonged to Davis and Foster. Davis, on the other hand, denied possessing the cocaine but implicated Ryans and Foster, while Foster volunteered to the arresting officer that he had knowledge of the cocaine. Ryans took the stand and denied having possessed or seen any drugs on the night in question. He testified that he used the flashlight to clean out the car wash equipment at his job, but when asked why he could use it for such a purpose without a strong white light, he asserted that the police put the blue lens in his flashlight. He also asserted that the police fabricated his statement. Davis and Foster also testified, denying any knowledge of the drugs.

A finding of constructive possession of drugs “must be based upon some connection between the defendant and the contraband other than spatial proximity.” (Citations and punctuation omitted.) Llaguno v. State, 197 Ga. App. 789, 790-791 (1) (399 SE2d 564) (1990). Such additional evidence may include: inculpatory statements, Harvey v. State, 212 Ga. App. 632, 634 (2) (442 SE2d 478) (1994); giving a false explanation to the police for presence on the scene, Thomas v. State, 207 Ga. App. 140, 145 (426 SE2d 923) (1993), Bean v. State, 204 Ga. App. 242, 243 (1) (418 SE2d 798) (1992); or[*597] possessing large sums of cash or paraphernalia consistent with the sale of contraband, Mitchell v. State, 222 Ga. App. 453 (474 SE2d 306) (1996), Whitfield v. State, 217 Ga. App. 402, 405 (457 SE2d 682) (1995) . And while mere presence is insufficient to convict an accused of being a party to a crime, the testimony of an accomplice tending to connect the accused to the crime will support a jury’s verdict if supported by slight evidence, which may be circumstantial. Earl v. State, 214 Ga. App. 891, 892 (1) (449 SE2d 361) (1994).

After the jury’s verdict of guilty, Ryans can no longer rely on the presumption of innocence, and this Court cannot re-weigh evidence or judge the witnesses’ credibility. We must construe the evidence to uphold the verdict and determine only whether the evidence is such as to enable any rational trier of fact to find Ryans guilty of the crime charged beyond a reasonable doubt. Clark v. State, 197 Ga. App. 318, 320 (1) (398 SE2d 377) (1990). Ryans was found in the presence of a large quantity of cocaine, admitted knowledge of the presence of the cocaine, gave an explanation for his presence that was inconsistent with the testimony of another witness, had no equipment for personal use of the drug but had cash and a flashlight with a blue lens on his person, and was implicated by a co-defendant. “Under these circumstances, we find the evidence against [Ryans] was sufficient to find [him] guilty of joint constructive possession, or at least as a party to the crime. [Cits.]” Harvey, supra at 634 (2).

2. Ryans also asserts the trial court erred in permitting a police officer to give opinion testimony regarding the customs of the drug trade and the amount of cocaine that would be possessed by a dealer as opposed to a casual user. See generally Davis v. State, 200 Ga. App. 44, 45-46 (2) (406 SE2d 555) (1991). We do not reach this issue, however, because Ryans made no objection to this testimony. In order to assert this ground on appeal, it was necessary for Ryans to make a specific objection at the time the evidence was offered. His failure to do so resulted in a waiver of his right to object on appeal. Smarr v. State, 199 Ga. App. 572, 573 (2) (405 SE2d 561) (1991). Ryans contends on appeal that he did not object because “any objections made would be helping the state present [its] case against the defendant.” This is arguably true of any contemporaneous objection, however. A defendant must choose between giving the trial court an opportunity to rule, although incidentally offering some guidance to the State, and failing to preserve an issue for appeal. “A party can not during the trial ignore what he thinks to be an injustice, take his chance on a favorable verdict, and complain later.” (Citations and punctuation omitted.) Wilkes v. State, 221 Ga. App. 390, 394 (4) (471 SE2d 332) (1996) .

Judgment affirmed.

McMurray, P. J., and Beasley, J., concur. [*598] Decided May 29, 1997. Before Judge Wilcox. James M. Cranford, for appellant. Charles H. Weston, District Attorney, Laura D. Hogue, Assistant District Attorney, for appellee.