McCants v. State
338 Ga. App. 733
Ga. Ct. App.2016Background
- On March 26, 2011 police stopped a Ford Expedition owned by McCants; he was the front passenger and Trevis Harpe was driving.
- Officer found a handgun between the front passenger seat and console; McCants admitted the gun was his.
- A backpack under McCants’s seat contained a brick-sized, partially opened package later tested as 987.98 grams of cocaine (42.3% purity).
- McCants carried $4,367 (including $4,000 banded into $1,000 increments); Harpe had $1,587; officer observed signs of intoxication and nervous behavior.
- McCants claimed he had not seen or handled the backpack and provided inconsistent travel explanations with co-defendants.
- Jury convicted McCants of trafficking in cocaine (OCGA § 16-13-31(c)) and possession of a firearm during the commission of a felony; McCants appealed only the sufficiency of proof that he knowingly possessed 400+ grams.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved McCants knowingly possessed >400 g of cocaine | State: circumstantial evidence (package under his seat, opened packaging, large cash, handgun, inconsistent stories, short trip) shows knowledge of nature and amount | McCants: he never saw/handled backpack; others had access; ownership of vehicle insufficient to prove knowledge of amount | Court: Affirmed. Circumstances authorized jury to find joint constructive possession and knowledge of the trafficking amount |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence in criminal convictions)
- Scott v. State, 295 Ga. 39 (knowledge of nature and amount is element of OCGA § 16-13-31(a)(1))
- Blevins v. State, 291 Ga. 814 (when based on circumstantial evidence, must exclude every reasonable hypothesis except guilt)
- Freeman v. State, 329 Ga. App. 429 (knowledge and possession may be proved by circumstantial evidence)
- Jackson v. State, 314 Ga. App. 272 (owner presumption of possession; joint constructive possession sustains conviction)
- Anderson v. State, 338 Ga. App. 171 (large quantity, odd behavior, inconsistent stories can support knowledge of trafficking amount)
- Childs v. State, 330 Ga. App. 727 (insufficient evidence where amount only slightly over threshold and no evidence defendant weighed or was familiar with amounts)