Tucker v. State
Tucker v. State
Opinion of the Court
Steven Douglas Tucker appeals his convictions of trafficking in methamphetamine, possession of methamphetamine, possession with intent to distribute methamphetamine, possession with intent to use drug related objects, and possession of marijuana in an amount less than one ounce.
Viewed in the light most favorable to the verdict, the evidence shows that on December 9, 2002, Tucker was at the rental home of Trena Mae Burton, his girlfriend and co-defendant,
According to Woods, Tucker was sitting in a chair eating pecan pie when officers arrived. Woods handcuffed Tucker and detained him in the living room. Woods testified that he found drugs, plastic bags and a scale on the coffee table, and marijuana in an end table. Woods and Cason then heard Tucker say, “ ‘[i]f you’ll get [Burton] some sweat pants, I’ll tell you where the dope’s at.’ ” Tucker then said, it is “within six feet of where you were standing.” Woods and Officer Mike Bowen discovered 75.41 grams of methamphetamine in rock form in a tray in a computer desk six feet from where Tucker was standing. Officers also recovered a small bag containing 20.66 grams of methamphetamine, and a smoking pipe and gun in Tucker’s truck.
Burton testified that she and Tucker had been dating for over one year, that he claimed to live at her residence, and that he owned the truck parked in her driveway. Burton testified that she and Tucker regularly used methamphetamine and sold it from the residence. She also testified that Tucker had placed the methamphetamine rock in the computer desk.
Tucker denied bringing any of the drug related items into Burton’s home, and denied any knowledge of the 75.41 grams of methamphetamine. He also denied selling drugs from Burton’s home or owning the truck in her driveway, but admitted using methamphetamine. Tucker testified that Burton used methamphetamine, and that she was involved in “the drug trade.” He denied making the statement attributed to him by Woods and Cason.
1. Tucker claims that there was insufficient evidence to prove that the contraband belonged to him. Though not specifically stated, Tucker appears to argue that the evidence is insufficient to support his conviction because Burton had equal access to the contraband.
“[M]erely finding contraband on premises occupied by a defendant is not sufficient to support a conviction if it affirmatively
Although there was conflicting evidence presented by Tucker regarding his involvement with the contraband, “it is the function of the jury, not the appellate court, to resolve conflicts in the testimony and determine the credibility of the witnesses.”
2. Tucker contends that the trial court erred in admitting his statement concerning the location of the drugs because at the time he was in custody and had not been given Miranda warnings. Tucker’s contention is meritless.
“Contrary to [Tucker’s] argument, Miranda warnings are not a prerequisite to the admission of evidence concerning voluntary statements not made in response to any form of custodial interrogation.”
Carter testified that he heard Tucker say something about getting sweat pants for Burton, but he did not hear Tucker say anything about the drugs being six feet from where the officers were standing.
The state conceded that Tucker was in custody. The court found credible Cason’s testimony that he had finished questioning Tucker, and concluded that Tucker’s statement was voluntary and not the result of custodial interrogation.
The trial court’s finding was not clearly erroneous.
Judgment affirmed.
Tucker also was convicted of possession of a firearm by a convicted felon, but the state nolle prossed that charge.
Burton pled guilty and was sentenced to serve two years in confinement and eight years on probation.
(Punctuation and footnote omitted.) Bryan v. State, 271 Ga. App. 60, 62(1) (608 SE2d 648) (2004).
(Citation and punctuation omitted.) Lester v. State, 226 Ga. App. 373, 378 (4) (487 SE2d 25) (1997).
(Punctuation and footnote omitted.) Gresham v. State, 255 Ga. App. 625, 629 (3) (566 SE2d 380) (2002). See Miranda v. Arizona, 384 U. S. 436, 478 (III) (86 SC 1602, 16 LE2d 694) (1966) (“Volunteered statements of any kind are not barred by the Fifth Amendment.”).
Jenkins v. State, 219 Ga. App. 339, 341 (1) (465 SE2d 296) (1995), citing Smith v. State, 264 Ga. 857, 859 (3) (452 SE2d 494) (1995).
See Williams v. State, 261 Ga. App. 410, 415 (5) (582 SE2d 556) (2003); Gresham, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.