Clark v. State
319 Ga. App. 880
Ga. Ct. App.2013Background
- Clark, Durante, and Ferrell were charged with trafficking cocaine and unlawful possession of MDMA after a vehicle stop.
- A marijuana odor, admission of a suspended license, and a purse with marijuana linked Durante to the car's contents.
- A Crown Royal bag contained cocaine, MDMA pills, baggies, and a drug weighing device; pills matched Ferrell’s prescription.
- Ferrell’s preexisting prescription bottle was found inside the Crown Royal bag, tying her to the scene.
- Durante’s phone showed a photo and messages suggesting drug-related connections among the occupants.
- The State pursued joint constructive possession, arguing all three shared access and control over the drugs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence suffices for trafficking and MDMA possession | Clark was in joint constructive possession; evidence shows access and control. | Clark merely present; no sole possession; evidence insufficient. | Sufficient evidence supported trafficking and MDMA possession. |
| Whether joint constructive possession can support conviction | Joint possession can sustain conviction without sole possession. | Need sole possession or stronger link to each defendant. | Joint constructive possession provides a valid theory of liability. |
| Whether the State’s circumstantial evidence excludes reasonable hypotheses | Facts negate other reasonable explanations; infer control and intent. | Distances the link between Clark and drugs; not enough to exclude hypotheses. | Evidence excludes reasonable hypotheses; supports conviction. |
Key Cases Cited
- Prather v. State, 293 Ga. App. 312 (Ga. App. 2008) (circumstantial evidence standard for possession)
- Cochran v. State, 300 Ga. App. 92 (Ga. App. 2009) (joint constructive possession doctrine)
- Warren v. State, 254 Ga. App. 52 (Ga. App. 2002) (equal access supports joint liability)
- Mercado v. State, 317 Ga. App. 403 (Ga. App. 2012) (driver access creates presumption of possession)
- Cabrera v. State, 303 Ga. App. 646 (Ga. App. 2010) (driver/owner presumed in constructive possession)
- Evans v. State, 185 Ga. App. 805 (Ga. App. 1988) (slight evidence of access permits jury determination)
- Sabb v. State, 317 Ga. App. 537 (Ga. App. 2012) (intent may be inferred from surrounding circumstances)