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Garmon v. State

The evidence showed that the defendant was in knowing possession of the methamphetamine.

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Sammy Joe Garmon, Jr. was convicted of one count of trafficking in methamphetamine. He appeals from the denial of his motion for new trial. Finding no error, we affirm. In the light most favorable to the verdict,1 the evidence shows that on August 22, 2000, Agent Howard Waddell with the drug division of the Henry County Police Department arranged through a confidential informant “C. I.” to purchase drugs from co-defendant Shawn Glass. Co-defendant Beretta Page Murtha testified for the State at trial. She testified that Glass was a friend of hers and that Garmon was her nephew. She further testified that Glass asked her to obtain a pound of methamphetamine for him. Glass arrived at Murtha’s house to pick up the pound of methamphetamine; Garmon had arrived earlier for a visit. Murtha further testified that she and Glass went into another room to bag up the methamphetamine. Garmon remained behind in the living room. Murtha and Glass packaged the methamphetamine into a one-pound bag from which a small “sample” was taken out and packaged separately. When Murtha and Glass returned to the living room, Murtha asked Garmon to give Glass a ride to where he needed to go using Murtha’s car.

Murtha testified that the pound of methamphetamine was worth $10,000.00; that she had paid her source $5,000.00; that her source trusted her to pay him the additional $5,000.00 later; and that Glass did not pay her any money for the drugs when he took them from her house. While Murtha testified at trial that Garmon did not know that he was transporting drugs in the car, she admitted that she had told the prosecutor at a previous meeting that she would not allow Glass to take drugs valued at $10,000.00 from her home unsupervised and that she had planned to go with Glass to Henry County, but Garmon offered to go in her place and supervise Glass.

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