Evans v. State
318 Ga. App. 706
Ga. Ct. App.2012Background
- Evans was convicted after a jury trial of multiple marijuana offenses, including possession with intent to distribute and proximity-based offenses.
- Evans moved to suppress evidence as the result of an unlawful search and seizure; the trial court denied the motion.
- Police entered Evans’s mother's residence to arrest him after a probation encounter and an informant tip, during which marijuana was observed in plain view and later seized.
- A probation officer relied on informant reports and Evans’s flight from police to justify arrest and entry, with officers ultimately discovering marijuana.
- The State introduced marijuana evidence from the bathroom and toilet, and the crime lab confirmed it as marijuana.
- Evans challenged sufficiency of the evidence on possession, intent to distribute, and proximity-to-offense elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was correct. | Evans argues entry violated Fourth Amendment rights without probable cause. | State/prosecution contends exigent circumstances and probation context justified entry. | Affirmed suppression ruling? ( court held entry permissible; see reasoning ) |
| Sufficiency of evidence for possession. | Evans asserts others had equal access, defeating possession. | State argues ownership of residence creates rebuttable presumption of possession. | Sufficient evidence supported possession finding. |
| Sufficiency of evidence for possession with intent to distribute. | No clear intent to distribute without paraphernalia or large quantities. | 60.65 grams and packaging support intent to distribute; personal use unlikely. | Sufficient evidence to support intent to distribute. |
| Proximity-based offenses (within 1,000 feet of public housing, park, school). | Distances to housing, park, and school insufficient to meet statutory thresholds. | GPS measurements showed within 1,000 feet for all three locations. | Evidence established within required distances; offenses sustained. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficient evidence standard for criminal conviction)
- Stepho v. State, 312 Ga. App. 495 (Ga. App. 2011) (Georgia standard for suppression and evidentiary review)
- Fox v. State, 272 Ga. 163 (Ga. 2000) (case law cited regarding evidentiary sufficiency and standards)
- State v. Pando, 284 Ga. App. 70 (Ga. App. 2007) (constructive possession and access considerations)