Glispie v. State

The evidence was insufficient to support the defendant's conviction for failure to stop at a stop sign, because the State failed to prove venue as to that charge, but the evidence supported the defendant's remaining convictions for violating the Georgia Controlled Substances Act, obstruction of a law enforcement officer, fleeing and attempting to elude and driving an unsafe and improperly equipped vehicle.

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In connection with a traffic stop, Jaylend Glispie was convicted of violating the Georgia Controlled Substances Act for possession with intent to distribute cocaine and 3, 4-methylenedioxymethcathinone methylone 2 counts,1 obstruction of a law enforcement officer,2 fleeing and attempting to elude,3 failure to stop at a stop sign,4 and driving an unsafe and improperly equipped vehicle.5 He appeals from the denial of his motion for new trial, arguing that the trial court erred by denying his motion to exclude evidence of text messages purportedly extracted from a cell phone he possessed, denying his motion for a mistrial after a witness gave inadmissible testimony in response to a question propounded by Glispie’s trial counsel on cross-examination, and denying his motion to suppress drugs taken from his person during a search. Glispie also contends that the evidence presented at trial was insufficient to support his convictions. For the reasons that follow, we affirm Glispie’s convictions for violating the Georgia Controlled Substances Act, obstruction of a law enforcement officer, fleeing and attempting to elude, and driving an unsafe and improperly equipped vehicle. We reverse his conviction for failure to stop at a stop sign because there was no evidence of venue with regard to that charge.

The evidence shows that on February 7, 2013, at about 2:00 a.m., Nathan Watts, a Rockdale County sheriff’s deputy, was on patrol in a marked patrol cruiser on Flat Shoals Road when he observed a vehicle without a working headlight in the left turning lane of Salem Road. As Watts continued to travel on Flat Shoals Road, he crossed Salem Road and peered into the vehicle. Watts did not observe any of the driver’s facial features, but he did observe that the driver, the sole occupant of the vehicle, was a black male wearing a bright red-like sweater shirt. Watts turned his patrol cruiser around and followed the vehicle, which had turned onto Flat Shoals Road in the opposite direction in which Watts had been traveling.

Glispie v. State

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