Defendant was indicted for trafficking in cocaine in violation of the Georgia Controlled Substances Act and possession of a firearm during the commission of a felony. The evidence adduced at a jury trial reveals that law enforcement officers executed a search warrant at defendant's home on April 14, 1993, and found a gun "in one of the bedrooms under a couch. . ." and "ten ounces of rock cocaine [in] the attic." While at the scene of the search, defendant informed one of the law enforcement officers "that the drugs were his."
Defendant was found guilty of trafficking in cocaine and not guilty of possession of a firearm during the commission of a felony. This appeal followed the denial of defendant's motion for new trial. Held:
Defendant challenges the sufficiency of the evidence, arguing that the mere presence of contraband in the attic of the house where he resided is not sufficient to support his conviction for trafficking in cocaine because there is proof that persons other than himself had equal opportunity to commit the crime.