Mangum v. State
308 Ga. App. 84
Ga. Ct. App.2011Background
- Mangum stole a green Mercury Mystique; victim reported the theft in Hall County.
- A uniformed officer in a neighboring county observed Mangum driving the stolen car with a defective tag light.
- Mangum fled from police, leading to a chase despite a spike strip; he eventually surrendered after exiting the vehicle.
- A search uncovered the ignition tools, and a book containing methamphetamine and marijuana in the car.
- Victim testified she did not own or possess the drugs or contraband in the vehicle; State introduced similar-transaction evidence of Mangum's prior obstruction conviction.
- Mangum was convicted of possession of methamphetamine and marijuana as a recidivist, and other offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported possession of methamphetamine and marijuana | Mangum; insufficiency due to lack of exclusive possession | State; presumption of possession from sole driver | Yes, sufficient evidence to convict on both drugs |
| Whether admission of similar-transaction evidence was reversible error | Mangum; Rule 31.3(B) violation prejudicial | State; proper Rule 31.3(B) procedure and relevance | No reversible error; harmless given overwhelming evidence |
Key Cases Cited
- Davis v. State, 272 Ga.App. 33 611 S.E.2d 710 (2005) (possession presumption and equal access considerations)
- Amica v. State, 307 Ga.App. 276 704 S.E.2d 831 (2010) (admissibility of similar-transaction evidence; Rule 31.3(B))
- Cochran v. State, 190 Ga.App. 884 380 S.E.2d 319 (1989) (evidence of equal access; jury determination of possession)
- Ward v. State, 262 Ga. 293 417 S.E.2d 130 (1992) (relevance vs. mere similarity in other-crimes evidence)
- McGee v. State, 267 Ga. 560 480 S.E.2d 577 (1997) (harmless error for prior-crime evidence when overwhelming guilt)