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Charles Wootenv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A1521
DecidedJanuary 17, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceSufficiency of the EvidenceReversalRemand
Case Summary

A jury convicted Charles Wooten of possessing methamphetamine, possessing less than an ounce of marijuana, and receiving stolen property. Officers found drug evidence and paraphernalia in Wooten’s home, including items in areas he used, and later found a stolen gun in his truck. The Court of Appeals affirmed the drug convictions but reversed the conviction for receiving stolen property. Constructive possession of the drugs could be inferred from Wooten’s control of the residence, his access to the rooms and items, and additional evidence connecting him to the paraphernalia, even though other people had access to the home and one container bore his former wife’s name. The State did not, however, present sufficient evidence that Wooten knew the gun was stolen. The gun had been reported missing after a house fire, and the record did not establish when Wooten obtained it or that he knew of its stolen character. The court therefore left the possession convictions intact but reversed the stolen-property conviction for lack of evidence.

Opinion

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