Smith v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Naomi Smith appeals her conviction for possession of cocaine with the intent to distribute, challenging the sufficiency of the evidence and arguing that the trial court erred in refusing to give her requested charge on “mere presence.” We hold that the accomplice’s testimony identifying Smith as the owner of the purse containing the cocaine was corroborated and that a “mere presence” instruction was unnecessary. Accordingly, we affirm.

When reviewing a defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light…