Following a jury trial, Charles E. Callaway was convicted of possession of methamphetamine with intent to distribute1 and failure to maintain his vehicle in a single lane.2 He appeals his conviction and the denial of his motion for new trial, arguing that he was entitled to a new trial because of newly discovered evidence. For the reasons set forth below, we affirm. Viewed in the light most favorable the verdict, Davis v. State ,3 the evidence shows that shortly after midnight on August 6, 2005, two sheriff’s deputies, driving in separate patrol vehicles, saw a pickup truck weave across the center line of the road and then make an abrupt lane change. Consequently, the deputies turned on their vehicles’ blue lights and initiated a traffic stop. After the pickup truck had come to a stop, Callaway, who had been driving the vehicle, exited and began talking to one of the deputies. At that time, the other deputy approached the passenger side of Callaway’s truck and began talking to the passenger, Gwendolyn Whitehead, who had rolled down the vehicle’s window. While asking Whitehead a few questions, the deputy noticed a black bag that had been partially duct-taped on the passenger side floorboard just underneath Whitehead’s legs. When Whitehead denied any knowledge about the bag, the deputy became suspicious and walked back toward the patrol vehicles to inform the other deputy about what he had seen.
As the deputies talked, Callaway walked back toward the passenger side of his truck to get his insurance information from the vehicle’s glove compartment. Without the deputies noticing, Whitehead handed Callaway the black duct-taped bag, and Callaway dropped it to the ground and kicked it under the truck. A few moments later, the deputies asked Callaway if they could search the vehicle, and he agreed. In the course of their search, the deputies found a small black bag in the truck’s glove compartment, which contained several plastic bags of methamphetamine. Initially, however, the deputies could not find the larger black duct-taped bag that the deputy had noticed while talking to Whitehead. After searching the truck, one of the deputies walked away from the vehicle so that he could shine his flashlight underneath it. Upon doing so, he saw the larger bag underneath the truck and informed the other deputy of his discovery. In searching that bag, the deputies found a pin knife, a measuring cup, digital scales, and several more plastic bags, which contained methamphetamine. The deputies arrested both Callaway and Whitehead and, in searching Whitehead’s pockets, found more methamphetamine.
