Jones v. State

I concur with Division 1 of the majority opinion, that the trial court did not err in denying appellant’s motion to suppress. However, I respectfully dissent as to the majority’s holding in Division 2, that the trial court correctly refused the jury charge on “equal access.”

The majority concluded that there was a scant amount of evidence at trial to support a charge on “equal access.” In my view, that imposes too narrow a view of the evidence in the context of contraband discovered on premises and ignores an important distinction between cases involving contraband found on premises and…