Harvey's conviction cannot be sustained unless there was evidence that he had immediate access to the weapon while possessing cocaine with intent to distribute. See Clyde v. State, 298 Ga. App. 283, 285–86 (2), 680 S.E.2d 146 (2009) ; see also Davenport v. State, 308 Ga. App. 140, 148 (1) (c), 706 S.E.2d 757 (2011) ("when a defendant is charged under this statute, the evidence is sufficient to sustain a conviction when it is shown at trial that a firearm was within arm's reach of the defendant at any point during the commission of the crime, thus giving the defendant immediate access to the weapon") (citations and emphasis omitted). The State need only prove that the "defendant passed even momentarily within arm's reach of the gun."
(Citation omitted.) Clyde v. State, 298 Ga. App. 283 ( 680 SE2d 146) (2009). See also Jackson v. Virginia, 443 U. S. 307 ( 99 SC 2781, 61 LE2d 560) (1979).
Blue's conviction cannot be sustained unless there was evidence that he had immediate access to the firearm while possessing cocaine. See Harvey v. State , 344 Ga. App. 7, 11 (2) (a), 806 S.E.2d 302 (2017) ; Clyde v. State , 298 Ga. App. 283, 285 (2), 680 S.E.2d 146 (2009) ; see also Davenport v. State , 308 Ga. App. 140, 148 (1) (c), 706 S.E.2d 757 (2011) ("[W]hen a defendant is charged under this statute, the evidence is sufficient to sustain a conviction when it is shown at trial that a firearm was within arm's reach of the defendant at any point during the commission of the crime, thus giving the defendant immediate access to the weapon.") (citations and emphasis omitted).For the reasons discussed in Division 1 (a), there was no evidence from which a rational trier of fact could have found that Blue possessed the cocaine found in the house.
We find that this evidence, although circumstantial, was sufficient to support a finding that Franks and Long shared joint constructive possession of the items seized. Clyde v. State, 298 Ga.App. 283, 285(1), 680 S.E.2d 146 (2009); Espinoza v. State, 244 Ga.App. 96, 99(5), 534 S.E.2d 824 (2000); Wilson v. State, 231 Ga.App. 525, 526(1), 499 S.E.2d 911 (1998). Here, Long and Franks were charged with trafficking by knowingly manufacturing a mixture containing less than 200 grams of methamphetamine.
We find that this evidence, although circumstantial, was sufficient to support a finding that Franks and Long shared joint constructive possession of the items seized. Clyde v. State, 298 Ga.App. 283, 285(1), 680 S.E.2d 146 (2009); Espinoza v. State, 244 Ga.App. 96, 99(5), 534 S.E.2d 824 (2000); Wilson v. State, 231 Ga.App. 525, 526(1), 499 S.E.2d 911 (1998). Here, Long and Franks were charged with trafficking by knowingly manufacturing a mixture containing less than 200 grams of methamphetamine.
Thus the evidence was sufficient for a jury to have found the essential elements of the crime beyond a reasonable doubt. 298 Ga.App. 283, 680 S.E.2d 146 (2009). Id. at 285(2), 680 S.E.2d 146.
See Curry v. State, 238 Ga. App. 511, 522 (5) (c) ( 519 SE2d 269) (1999); see also Humphreys v. State, 253 Ga. App. 344, 346 ( 559 SE2d 99) (2002) (noting that final element of the crime "require[s] proof only that [the defendant] was even momentarily within arm's reach of the gun" (citation and punctuation omitted)); Gibson v. State, 223 Ga. App. 103, 103 (1) ( 476 SE2d 863) (1996) (same).See Clyde v. State, 298 Ga. App. 283, 285-86 (2) ( 680 SE2d 146) (2009) ("[The defendant's] conviction cannot be sustained unless there was evidence that he had immediate access to the weapon. . . ."); Carswell, 251 Ga. App. at 736 ("[I]mmediate access to the weapon . . . is required to sustain a conviction under OCGA § 16-11-106 (b).").
(Citation and punctuation omitted.) Clyde v. State , 298 Ga. App. 283, 680 S.E.2d 146 (2009). The State charged Walker with criminal damage to property in the second degree for "intentionally damag[ing] a vehicle, the property [of his girlfriend's father], without his consent, said damage exceeding $500.00 ...."
(Punctuation omitted.) Clyde v. State, 298 Ga.App. 283, 680 S.E.2d 146 (2009).So viewed, the evidence shows that on August 17, 2009, Drug Enforcement Agency (“DEA”) agents in Tucson, Arizona, were contacted by the local manager of Old Dominion Freight Lines about a suspicious crate being shipped to Douglas County, Georgia. A DEA agent determined that the package contained marijuana and contacted law enforcement officials in Douglas County to arrange for a controlled delivery of the crate to Old Dominion loading docks there.
(Citation and punctuation omitted.) Clyde v. State, 298 Ga.App. 283, 680 S.E.2d 146 (2009).The standard of review in evaluating the sufficiency of the evidence is "whether the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that the defendant was guilty of the charged offense."