Appellant appeals from her conviction for possession of a firearm by a convicted felon (OCGA § 16-11-131 (Code Ann. § 26-2914)) and for violation of the Controlled Substances Act. Following receipt of a teletype message from Missouri police that Miriam Ledesma was wanted for violation of the Missouri Controlled Substance Act, Fulton County and City of Atlanta police, who had assumed that an arrest warrant would be forthcoming from Missouri, arrested Ledesma. She was stopped in her car and placed under arrest. Her car was searched and a gun was found in a zipped pouch. Following Ledesma’s arrest her car was impounded and a warrant-less inventory search was conducted. A pill bottle containing Phentermine, a controlled substance, was found in the ash tray.
1. Lédesma contends that the trial court erred in overruling her motion for a directed verdict based on insufficiency of the evidence. In Georgia, where exclusive possession of an automobile is shown, the presumption is that the owner has possession of the property contained therein. This presumption is rebuttable and does not apply if it can be shown that a defendant has not been in possession or control for a period before discovery of contraband or where others have had equal access to the automobile.
Farmer v. State,
2. In her second enumeration of error, Ledesma claims that the court erred in overruling her motion to suppress the gun and pills confiscated from her car. The motion to suppress was properly denied. The gun was found in a lawful search incident to the arrest of Ledesma and was proper for that reason. Chimel v. California,
3. Ledesma assigns error to the trial court’s overruling her challenge to OCGA § 17-13-34 (Code Ann. § 44-414) as violating the Fourth, Fifth and Fourteenth Amendments in that it authorizes an arrest based on less than probable cause. OCGA § 17-13-34 (Code Ann. § 44-414) authorizes a warrantless arrest by officers in this state upon reasonable information that the accused is charged in the courts of a state with a crime punishable by death or imprisonment for more than a year. This statute is justified under the Fourth, Fifth and Fourteenth Amendments in that it is based upon a standard which comports with the constitutional standard of probable cause as set forth in Beck v. Ohio,
Ledesma further contends that her arrest was invalid under the statute because at the time the teletype arrived from Missouri saying that Miriam Ledesma was wanted for violation of the Missouri Controlled Substance Act, and at the time she was arrested in Fulton County, no warrant had been actually issued in Missouri for her arrest. In Georgia, if probable cause to arrest exists, a warrantless arrest is lawful.
Durden v. State,
4. The constitutional attack on OCGA § 16-11-131 (Code Ann. § 26-2914), which punishes possession of a firearm by a convicted felon on the basis that it constitutes an ex post facto law, is without merit. In
Landers v. State,
5. Ledesma’s fifth enumeration of error is that the court admitted over objection a statement made by the defendant which was not furnished to defendant even though she made a proper request. She argues that the state did not meet the requirements of OCGA § 17-7-210 (Code Ann. § 27-1302). The statement in question here was Ledesma’s statement to one of the arresting officers that her husband had left her about a month prior to the arrest. The defendant moved for a mistrial on the ground that the statement was admitted although it had not been furnished to defendant after a proper request. OCGA § 17-7-210 (e) (Code Ann. § 27-1302) provides that the section will not apply to evidence discovered after a request is filed. The district attorney stated that he was not aware of the statement until lunch time on the day of the officer’s testimony. The sanctions for failing to supply the statement are thus not applicable.
Ellison v. State,
6. The enumeration of error complaining that the state did not prove chain of custody of the pills found in Ledesma’s car is without merit. A review of the transcript reveals that any discrepancy between the testimony of the officers who had custody of the evidence is inconsequential. The state established a “reasonable assurance” of the identity of the pills.
Dent v. State,
7. Ledesma’s complaint as to the court’s allowing the state to address questions propounded by the jury after the close of the evidence was not raised below and cannot be raised on appeal. *490 Further, the judge carefully instructed the jury that the evidence was closed. He also instructed counsel that they must not go beyond the evidence in addressing the questions of the jury during closing argument. We find no harm in the court’s allowing counsel for both sides an opportunity to address the jury questions so long as no new information was injected into the argument.
8. Since closing arguments of the attorneys were not reported, and since Ledesma has not supplemented the record by any of the approved methods, OCGA § 5-6-41 (Code Ann. § 6-805), the enumeration dealing with improper closing argument by the district attorney is deemed abandoned.
9. There was no error in the court’s charging the language of OCGA § 16-11-131 (Code Ann. § 26-2914), or in refusing to charge sudden emergency, specific intent, or OCGA § 16-11-126 (c) (Code Ann. § 26-2901), which concerns carrying a concealed weapon.
10. The last enumeration of error deals with the failure of the court to order exculpatory material be turned over to defendant. At the hearing on Ledesma’s motion to suppress she requested as part of a Brady motion that the court inspect the file of the Fulton County Sheriffs office as to the communication between that office and authorities in Missouri. The trial judge agreed to inspect the file. If the appellant desires to have this inspection reviewed by this court, she must point out what material she believes to have been suppressed and show how she has been prejudiced. Since Ledesma has not made this showing, we find this enumeration to be without merit.
Welch v. State,
Judgment affirmed.