Calcaterra v. the State, 341 Ga. App. 599

Mark Calcaterra (appellant) and his wife, Nakenya, were stopped on I-75 in Gordon County; officer noted inconsistent statements about vehicle ownership and travel plans.
Officer obtained consent to search; smelled raw marijuana and found over 554 g of cocaine (≥60% purity) and over 445 g of marijuana hidden in trunk side panels.
Both were arrested and jointly indicted for trafficking in cocaine and possession of marijuana with intent to distribute.
Trial evidence: the couple had financial difficulties, took a trip to Georgia, visited family, and the wife testified she alone agreed to transport drugs hidden by her step-brother and did not tell her husband.
Jury convicted both defendants; appellant argued on appeal he was merely present and lacked knowledge of the drugs.
Trial court denied new trial; Court of Appeals reviewed sufficiency of the evidence under Jackson v. Virginia standard and affirmed convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict appellant as a party to trafficking and possession	State: circumstantial facts (inconsistent statements, presence in vehicle, confessed travel plan inconsistency, concealed large quantities in trunk) permit inference of intent and knowledge	Calcaterra: he was merely a passenger; wife’s testimony claimed she hid drugs without his knowledge	Affirmed — evidence sufficient for jury to infer he aided/authorized or had knowledge; jury could reject wife's exculpatory testimony

Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
Rankin v. State, 278 Ga. 704 (circumstantial evidence sufficiency principles)
Huntley v. State, 331 Ga. App. 42 (criminal intent and party-to-a-crime principles)
Lewis v. State, 287 Ga. App. 379 (jury’s authority to accept or reject witness testimony)
Buruca v. State, 278 Ga. App. 650 (upholding party-to-a-crime conviction based on circumstantial evidence)