Fluker v. State

In Fluker v. State 296 Ga. App. 347 (674 SE2d 404) (2009), the Court reversed a conviction for trafficking in ecstacy because it was based on the vehicle passenger's mere spatial proximity to hidden contraband, and the defendant in that case did not own or control the vehicle in question, which precluded a presumption that the defendant possessed the narcotics found in the vehicle. See id at 349. Additionally, there was no testimony or other circumstantial evidence linking the defendant to the narcotics. See id.