Turner v. State

Blackburn, Presiding Judge.

Following a bench trial, Gregory Turner appeals his conviction of possession of cocaine, challenging the sufficiency of the evidence. Because the sole evidence of possession was Turner’s ownership and driving of the vehicle in which the cocaine was found under the passenger seat, and because the passenger in Turner’s car had equal access to that cocaine, we reverse.

“On appeal from a criminal conviction, the evidence must be construed in a light most favorable to the verdict, and [Turner] no longer enjoys a presumption of innocence.” Berry v. State. 1 The standard of…