Wright v. State, 690 S.E.2d 654 (Ga. Ct. App. 2010). · Go Syfert
Wright v. State, 690 S.E.2d 654 (Ga. Ct. App. 2010). Cases Citing This Book View Copy Cite
43 citation events (43 in the last 25 years) across 2 distinct courts.
Strongest positive: Anderson v. the State (gactapp, 2016-07-14)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) Anderson v. the State
Ga. Ct. App. · 2016 · confidence medium
And whether the circumstances are *177 sufficient to exclude every reasonable hypothesis is a question for the jury, and “that finding will not be disturbed unless the verdict of guilt is insupportable as a matter of law.” (Citation omitted.) Wright v. State, 302 Ga. App. 332, 333 ( 690 SE2d 654 ) (2010).
discussed Cited as authority (rule) Clemente v. State
Ga. Ct. App. · 2015 · confidence medium
And whether circumstances are sufficient to exclude every reasonable hypothesis is a question for the jury, and “that finding will not be disturbed unless the verdict of guilt is insupportable as a matter of law.” (Citation omitted.) Wright v. State, 302 Ga. App. 332, 333 ( 690 SE2d 654 ) (2010).
discussed Cited as authority (rule) Doble Martinez Clemente v. State
Ga. Ct. App. · 2015 · confidence medium
And whether circumstances are sufficient to exclude every reasonable hypothesis is a question for the jury, and “that finding will not be disturbed unless the verdict of guilt is insupportable as a matter of law.” (Citation omitted.) Wright v. State, 302 Ga. App. 332, 333 ( 690 SE2d 654 ) (2010).
cited Cited as authority (rule) Beaver v. the State
Ga. Ct. App. · 2014 · confidence medium
(Citations and punctuation omitted; emphasis in original.) Wright v. State, 302 Ga. App. 332, 332 ( 690 SE2d 654 ) (2010).
cited Cited as authority (rule) Valdez v. State
Ga. Ct. App. · 2011 · confidence medium
(Citations and punctuation omitted.) Wright v. State, 302 Ga. App. 332, 333 ( 690 SE2d 654 ) (2010).
examined Cited "see" Mallard v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · signal: see · confidence high
See Wright, supra, 302 Ga. App. at 334 .
examined Cited "see" Helen Webb Mallard v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · signal: see · confidence high
See Wright, supra, 302 Ga. App. at 334 .
discussed Cited "see" Brown v. State (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See Wright v. State, 302 Ga. App. 332, 334 ( 690 SE2d 654 ) (2010) (jury could infer that bag containing drugs, which was found in the wheel well of a car within an arm’s reach of defendant hiding beneath the car, had recently *214 been placed there because it was not “dirty, weathered, or damp”; this evidence established a meaningful connection between the defendant and the contraband which authorized the jury to find defendant had constructive possession of drugs).
discussed Cited "see" Ferrell v. State (2×)
Ga. Ct. App. · 2011 · signal: see · confidence high
See OCGA § 24-4-6. 12 (Citation omitted.) Martinez, supra at 74 (1). 13 (Citation and punctuation omitted.) Wright v. State, 302 Ga. App. 332, 333 ( 690 SE2d 654 ) (2010). 14 Supra. 15 556 U. S. 332 (129 SC 1710, 173 LE2d 485) (2009). 16 Nelson v. State, 305 Ga. App. 65, 66 (1) ( 699 SE2d 66 ) (2010). 17 Gant, supra, 129 SC at 1723 (VI). 18 See id. at 1719 (III). 19 (Citations and punctuation omitted.) Martinez v. State, 303 Ga. App. 166, 170 (2) ( 692 SE2d 766 ) (2010). 20 (Citation omitted.) Id. at 170-171 (2). 21 (Punctuation and footnote omitted.) Brown v. State, 311 Ga. App. 405, 408 (2)…
discussed Cited "see, e.g." Johnson v. the State (2×)
Ga. Ct. App. · 2016 · signal: see also · confidence medium
The pipe was dry, although it had been raining and the surrounding area was ‘soaked’; from this evidence the court as factfinder could infer that the pipe had been on the ground for a very short period of time.”); Reason v. State, 283 Ga. App. 608, 610 (1) (a) ( 642 SE2d 236 ) (2007) (holding that there was sufficient circumstantial evidence that defendant possessed cocaine when, “[although other people were present and had access to the yard, the surveilling officers testified that in the period immediately prior to the search, [the defendant] was the only person to retrieve items fro…
Wright
v.
the State
A10A0643.
Court of Appeals of Georgia.
Jan 26, 2010.
690 S.E.2d 654
Jimmonique R. S. Rodgers, for appellant., Leigh E. Patterson, District Attorney, Finnis K. Salmon, Assistant District Attorney, for appellee.
Ellington, Andrews, Doyle.
Cited by 17 opinions  |  Published
Ellington, Judge.

A Floyd County jury found Japhus Wright guilty of possession of cocaine with the intent to distribute, OCGA § 16-13-30 (b), and possession of marijuana, OCGA § 16-13-2 (b). Wright appeals from the denial of his motion for new trial, contending that the evidence adduced was insufficient to prove his convictions beyond a reasonable doubt. Finding no error, we affirm.

When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, “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.” (Citation omitted; emphasis in original.) Jackson v. Virginia, 443 U. S. 307, 318-319 (III) (B) (99 SC 2781, 61 LE2d 560) (1979). The jury, not this Court, resolves conflicts in the testimony, weighs the evidence, and draws reasonable inferences from basic facts to ultimate facts. Id. “As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld.” (Citation and punctuation omitted.) Miller v. State, 273 Ga. 831, 832 (546 SE2d 524) (2001). Viewed in this light, the record reveals the following facts.

Around 9:00 p.m. on November 26, 2007, Floyd County sheriffs deputies driving near Berry College in Rome heard the sounds of gunshots, radioed other officers of that fact, and went to investigate. Bystanders pointed out two suspects who were fleeing from the scene of the shooting on foot. The deputies caught the first suspect and, while they were detaining him, told the responding City of Rome police officers where the other suspect had last been seen. A certified K-9 handler with the Rome police department immediately began[*333] tracking the second suspect. He tracked the suspect from the place he had last been seen through several yards and located him hiding under a car. The suspect’s upper torso was beneath the front driver’s side of the car. The police arrested the second suspect, Japhus Wright, and searched him. They found $158 in his pocket.

Shortly after Wright was arrested, the K-9 handler had his dog inspect the area around the car for any evidence. Between the time of Wright’s arrest and the time the search commenced, the police did not leave the area and no one other than the police went near the car. The police dog alerted to the presence of narcotics beneath the car. The police found a plastic bag containing five small bags of cocaine with a total weight of 3.39 grams and two small bags of marijuana with a total weight of 2.1 grams. The drugs were hidden inside the wheel well on the front passenger’s side of the car, within arm’s reach of where Wright was found. The plastic bags were not dirty, worn, or damp. An officer testified that, in his opinion, the drugs were packaged for resale and were in amounts too large for Wright’s personal use.

Wright argues that the circumstantial evidence of his possession of the drugs was insufficient to prove his guilt beyond a reasonable doubt because the evidence presented showed only his mere spatial proximity to the drugs and did not exclude all other reasonable hypotheses save for his guilt. We disagree.

In a drug possession case based upon circumstantial evidence, the State must adduce evidence establishing a “meaningful connection” between the defendant and the drugs. In re E. A. D., 271 Ga. App. 531, 532 (610 SE2d 153) (2005). “Mere presence, without proof of participation, is insufficient to support a conviction. Rather, the state must show that the defendant had the power and intent to exercise control over the [drugs].” Stevens v. State, 245 Ga. App. 237, 238 (1) (537 SE2d 688) (2000). Further, “[t]o warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused.” OCGA § 24-4-6.

[QJuestions as to the reasonableness of hypotheses are generally to be decided by the jury which heard the evidence and where the jury is authorized to find that the evidence, though circumstantial, was sufficient to exclude every reasonable hypothesis save that of guilt, that finding will not be disturbed unless the verdict of guilty is insupportable as a matter of law.

(Citation omitted.) Robbins v. State, 269 Ga. 500, 501 (1) (499 SE2d 323) (1998).

[*334] Decided January 26, 2010 Reconsideration denied February 12, 2010. Jimmonique R. S. Rodgers, for appellant. Leigh E. Patterson, District Attorney, Finnis K. Salmon, Assistant District Attorney, for appellee.

The police caught Wright after pursuing him from the scene of a shooting. When they caught him, Wright had crawled partly underneath the front end of a car. A jury could infer from these facts that Wright was trying to conceal himself or evidence beneath the car. Shortly after Wright was arrested, the police located the drugs inside the wheel well of the car, in a place Wright was capable of reaching. No one but Wright had been under the car since his apprehension. The bag in which the drugs were placed did not appear dirty, weathered, or damp. Thus, the jury could infer that the drugs had been recently placed in the wheel well. Because Wright had fled from the police, had been caught within arm’s reach of the drugs, and had a large amount of cash in his pockets, the jury could infer that he was a drug dealer and that he had placed the drugs in the wheel well to avoid being prosecuted for possessing them. The evidence adduced thus established a meaningful connection between Wright and the contraband, evidence which showed him exercising power and dominion over the drugs found. See Washington v. State, 251 Ga. App. 206, 208 (1) (553 SE2d 855) (2001) (Defendant’s hands were wet from the water in which cocaine and cocaine paraphernalia was found and no one else was in control of the sink area.). While it was possible for the drugs to have been placed in the wheel well by someone else prior to Wright’s having crawled under the car, whether such a hypothesis was reasonable or improbably coincidental was for the jury to determine. See id. at 209 (1) (“The jury here was authorized to conclude that when [the defendant] was caught. . . with her hands in the sink which contained crack cocaine, a razor blade, scorched spoons, and a cocaine smoking device, she was not, as suggested by counsel, simply offering to ‘clean up a bit by washing the dishes.’ ”). We find no error.

Judgment affirmed.

Andrews, P. J., and Doyle, J., concur.