Henley v. State
317 Ga. App. 776
Ga. Ct. App.2012Background
- Henley pleaded guilty to robbery and was placed on probation for 11 years, 11 months, and 11 days.
- In 2010, during a roadblock stop, Henley failed to produce a license and gave a false name, leading to arrest and a search of the vehicle.
- Police found unidentified pills and two pipes that appeared to be used for smoking controlled substances.
- The State sought revocation based on eight violations: two new felony drug possessions, three new misdemeanors, and three technical violations.
- The trial court revoked four years of Henley’s probation; Henley sought discretionary review, which was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of admissible evidence for possession of controlled substances | Henley contends the pills were not proven contraband due to lacking foundation and no lab results. | Henley argues the trial court impermissibly relied on hearsay and non-testifying officer statements. | Evidence insufficient; error to rely on hearsay and lack of identification. |
| Possession of drug-related objects and equal access | Henley asserts no evidence he knew of or possessed the pipes; owner’s presence undermines possession. | State relies on exclusive possession presumed from driving the vehicle where objects were found. | Equal access rebuttal needed; record fails to show sufficient equal access; presumption not overcome. |
| Authorized scope of revocation duration under OCGA 42-8-34.1(c) | Only the drug-related objects misdemeanor and other admitted offenses were proven; not the two-year limit. | State argues broader revocation based on multiple violations. | Remand for resentencing within two-year revocation period. |
Key Cases Cited
- Brown v. State, 294 Ga. App. 1 (2008) (two-year revocation context discussed)
- Mercado v. State, 317 Ga. App. 403 (2012) (equal access and possession considerations)
- Maldonado v. State, 313 Ga. App. 511 (2012) (sole occupant and access to contents; possession inference)
- Henry v. State, 311 Ga. App. 353 (2011) (constructive possession presumption in vehicle contraband cases)
- Navarro v. State, 293 Ga. App. 329 (2008) (equal access analysis and possession principles)
- Mangum v. State, 308 Ga. App. 84 (2011) (equal access strength depends on evidence)
- In the Interest of B. C. G., 235 Ga. App. 1 (1998) (indictment description governs over cited statute)