Dukes v. State

Benham, Judge.

In this appeal from his conviction of trafficking in cocaine, appellant contends in his sole enumeration of error that the evidence was not sufficient to support a conviction for that offense. Specifically, he argues that the evidence is not sufficient to show that he was in actual possession of cocaine as is required by OCGA § 16-13-31 (a) (1).

“A person who knowingly has direct physical control over a thing at a given time is in actual possession of it.” Dalton v. State, 249 Ga. 720 (292 SE2d 834) (1982). Relying on Dalton, appellant points to evidence that he was the passenger…