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MITCHELL v. STATE

Nos. A96A1890, A96A1891.

484 S.E.2d 271 (1997)

225 Ga. App. 520

MITCHELL v. The STATE. HICKS v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 18, 1997.

Certiorari Granted July 11, 1997.

Attorney(s) appearing for the Case

Timothy T. Herring, Atlanta, for appellant (case no. A96A1890).

Hemmann & Hemmann, Paul E. Hemmann, Tacoma, WA, for appellant (case no. A96A1891).

Tommy K. Floyd, District Attorney, Mark S. Daniel, Thomas R. McBerry, Assistant District Attorneys, for appellee.

McMURRAY, Presiding Judge.

Defendants Mitchell and Hicks appeal their convictions of a violation of the Georgia Controlled Substances Act, trafficking in cocaine. Held:

1. Mitchell was a passenger and Hicks the driver of a vehicle pulled over in Butts County for a routine traffic stop for failure to maintain their proper lane. The car belonged to Hicks' girl friend with whom he resided and shared the use of the vehicle.

As one deputy issued...

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