State v. Alvarado

Clarke, Chief Justice.

We granted certiorari to consider how the concepts of “actual” possession and “constructive” possession, and the requirement that both types of possession be “knowing,” apply in a cocaine trafficking case.

At the time that the alleged offense occurred, OCGA § 16-13-31 required proof of “actual” possession to constitute trafficking, whereas either actual or constructive possession constituted the offense of possession of a controlled substance under OCGA § 16-13-30. The defendant asserted that he lacked knowledge of the presence of cocaine in the automobile which he was…