Mercado v. State, 317 Ga. App. 403

Mercado was convicted of trafficking in methamphetamine after a jury trial.
He challenged the denial of his motion for a directed verdict of acquittal.
The conviction arose from Mercado driving his grandmother’s car with a co-defendant as a passenger.
Police observed furtive movements, a purse and bag pushed under a seat, nervousness, and a strong odor of methamphetamine during a traffic stop.
A search yielded 442.25 grams of methamphetamine in the back seat area; Mercado and co-defendant were arrested and charged.
The State pursued joint constructive possession; the defense argued equal access and ownership should rebut possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the evidence sufficient despite equal access defense?	Mercado—equal access undercuts possession.	Mercado—owner’s vehicle and other access negate possession.	Evidence supports joint possession; no directed-verdict error.
Does vehicle ownership by another negate Mercado's possession when he drove and co-defendant had access?	Ownership negates any possession presumption.	Ownership alone is insufficient; driver may still possess.	Ownership alone is insufficient; driver’s joint possession supported by evidence.

Navarro v. State, 293 Ga. App. 329 (2008) (possession for trafficking can be established by driving the vehicle with contraband present)
Turner v. State, 276 Ga. App. 381 (2005) (no automatic possession presumption when others had access to the vehicle)
Cochran v. State, 300 Ga. App. 92 (2009) (joint constructive possession can sustain conviction)
Martinez v. State, 303 Ga. App. 71 (2010) (a defendant’s joint constructive possession with another can sustain liability)
Johnson v. State, 268 Ga. App. 808 (2004) (evidence of equal access can rebut possession inference; jury weighs strength)
Tabb v. State, 313 Ga. App. 852 (2012) (standard for directed verdict aligns with sufficiency review)