Sabb v. State, 317 Ga. App. 537

Sabb was convicted of trafficking in cocaine under OCGA § 16-13-31(a)(1) after a jury trial.
Evidence showed cocaine found in the car Sabb drove with a co-defendant passenger; bag between the seats, and drug paraphernalia in the car.
Officer stopped Sabb on January 3, 2010; odor of burnt marijuana and inconsistent responses occurred during the stop.
Sabb consented to a car search; co-defendant exhibited signs of nervousness and possible drug use.
Lab testing indicated about 44.78 grams of cocaine with 14.4% purity.
Rental car involved was in Sabb’s name and Sabb had controlled the car for several days prior to the stop; this supported possession theory.
The State argued Sabb and co-defendant had joint constructive possession; the defense argued equal access to the vehicle could rebut presumptions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient evidence to sustain trafficking conviction	Sabb claims insufficiency	State shows joint constructive possession	Evidence sufficient; conviction affirmed

Cochran v. State, 300 Ga. App. 92 (2009) (constructive possession can be shown by access and control; circumstantial evidence sufficient)
Ramirez v. State, 290 Ga. App. 3 (2008) (driver presumptions; equal access does not defeat joint possession when all parties are charged with joint possession)
Ferrell v. State, 312 Ga. App. 122 (2011) (circumstantial evidence suffices when evidence excludes reasonable hypotheses)
In the Interest of Q. P., 286 Ga. App. 225 (2007) (intent and access may be inferred from surrounding circumstances)
Robinson v. State, 175 Ga. App. 769 (1985) (possession and knowledge may be inferred from control of the vehicle)