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Lawskills.com Georgia Caselaw
ORMAN v. THE STATE.
A92A1885.
JOHNSON, Judge.
Drug violation. Clayton Superior Court. Before Judge Crumbley.
Jerome Chie Orman appeals from his convictions of trafficking in heroin and possession of marijuana. In his enumerations of error, he challenges the denial of his motion to suppress evidence and he questions the sufficiency of the evidence. We affirm.
We need not address Orman's argument that the contraband seized from the bag was the fruit of an illegal search because the record of the hearing on Orman's motion to suppress shows that the trial court's order was based, inter alia, on Orman's abandonment of the bag prior to the search.
" 'Abandonment is primarily a question of intent, and intent may be inferred from words spoken, acts done, and other objective facts. . . . The issue is . . . whether the person prejudiced by the search had voluntarily discarded, left behind, or otherwise relinquished his interest in the property in question so that he could no longer retain a reasonable expectation of privacy with regard to it at the time of the search.' " Bassett v. State, 181 Ga. App. 597, 599 (353 SE2d 48) (1987). The facts in this case support a finding that Orman abandoned any rights he may have had in the bag prior to the search. Orman disclaimed the bag, refused to pick it up to take it with him after the officers requested that he select his bag and accompany them, stood silently by while Obiozor claimed ownership of the bag, and continued to stand silently by as it was searched. Under these circumstances, Orman could not entertain any legitimate expectation of privacy in the bag at the time of the search. See Williams v. State, 171 Ga. App. 546, 547 (2) (320 SE2d 389) (1984).
"The issue of abandonment is one of fact to be resolved by the trier of fact, and the finding of fact will not be disturbed on appeal if there is any evidence to support it." Id. at 548. Since the record supports the trial court's finding of abandonment, we find no error in the denial of Orman's motion to suppress.
2. Orman further contends that there was insufficient evidence to support his conviction of trafficking in heroin. The transcript shows that Orman stipulated that heroin was found in the bag and that the amount of heroin found was sufficient to support a charge of trafficking in heroin. After a review of the record, we find the amount of heroin found was far in excess of that needed to support a charge of trafficking. See OCGA 16-13-31 (b). Orman argues, however, that the evidence was insufficient to tie him to the crime. We disagree. Reviewing the evidence most favorably to the verdict, we find that there was sufficient evidence to support Orman's conviction of trafficking in heroin such that a rational trier of fact could find him guilty of that crime beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
Robert E. Keller, District Attorney, Gina S. Naugle, Assistant District Attorney, for appellee.
John A. Beall IV, for appellant.
DECIDED MARCH 9, 1993.
Saturday May 23 13:56 EDT


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