Rawls v. State

585 So. 2d 241, 1991 Ala. Crim. App. LEXIS 288, 1991 WL 88558
CourtCourt of Criminal Appeals of Alabama
DecidedApril 26, 1991
DocketCR 89-1012
StatusPublished
Cited by2 cases

This text of 585 So. 2d 241 (Rawls v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rawls v. State, 585 So. 2d 241, 1991 Ala. Crim. App. LEXIS 288, 1991 WL 88558 (Ala. Ct. App. 1991).

Opinion

TYSON, Judge.

Joe Nathan Rawls, alias, was indicted for the unlawful possession of cocaine in violation of § 13A-12-212(a)(l), Code of Alabama 1975. The jury found the appellant guilty as charged in the indictment, and the trial judge set the sentence at three years’ imprisonment, split with one year’s imprisonment and, thereafter, three years probation.

The only issue raised on appeal is whether the State failed to prove a prima facie case of possession of cocaine. The appellant moved for a judgment of acquittal after the State rested its case. No other motion for a judgment of acquittal or for a new trial was made. Thus, as correctly noted by the State, we must review only that evidence which was before the trial court at the time the motion for a judgment of acquittal was made. The following evidence was before the court when the State rested its case.

At approximately 5:00 p.m. on March 30, 1989, several officers from the Jefferson County Sheriff’s Department executed a search warrant at 505 14th Street Southwest in Birmingham, Alabama. When the officers arrived at this location, a woman, later identified as Daisy Reese, was standing on the front porch. When the officers entered the house, they found six people in the living room. The officers also found the appellant asleep in one of the bedrooms of the house.

At this point, the officers searched for drugs in the house and on the persons found at the house. Marijuana and cocaine were found in a pocket of a shirt worn by Rufus Reese, Daisy Reese’s son. A packet of cocaine was found in the pocket of a shirt worn by Clara Dunner. In the den, the officers found a bag of marijuana and a marijuana cigarette lying on the floor by the sofa. On the dining room table, the officers found a razor blade with cocaine residue and a purse containing $200 in cash. In a bedroom (not the one where the appellant was found sleeping), the officers found several pieces of crack cocaine in a dresser drawer. On top of this dresser, the officers found another razor blade with [243]*243cocaine residue, cocaine residue inside a jewelry box, two sets of scales, and an envelope addressed to Daisy Reese. On top of a chest of drawers in this bedroom, the officers found a notebook with the word “Cash” written on the front and the name “Daisy Reese.” Two purses were also found in this bedroom. One of the purses, which belonged to Daisy Reese, contained over $2,300 in cash. Some savings bonds were also found in this bedroom. Men’s and women’s clothing were found in the closet in this bedroom. No drugs were found in the bedroom where the appellant was found sleeping or on his person. There was also testimony that the utility bill for the residence located at 505 14th Street Southwest was in the name of Daisy Reese.

Deputy Horton testified that he was present when Deputy Miller asked the appellant where he “stayed.” The appellant replied that he “stayed over in Pratt City.” Miller then told the appellant that he needed an address at which he could serve a subpoena. The appellant responded that Miller could use “this address here.” (R. 205.) Deputy Miller testified that his investigation prior to the execution of the search warrant did not reveal that the appellant lived at 505 14th Street Southwest.1 Miller stated that when he asked the appellant where he lived, the appellant said that he “lived here sometimes and somewhere on the northside sometimes.” (R. 295.) When Miller told the appellant that he needed “a good address on [him] to know where to send the subpoenas for court” (R. 296), the appellant replied that Miller could “use this one.” (R. 302.)

The appellant was charged with possession of cocaine.

“Three elements are necessary to establish possession of a controlled substance. These are: (1) actual or potential physical control, (2) intention to exercise dominion and (3) external manifestations of intent and control. Korreckt v. State, 507 So.2d 558 (Ala.Crim.App.1986); Radke v. State, 52 Ala.App. 397, 293 So.2d 312 (1973), aff'd, 292 Ala. 290, 293 So.2d 314 (1974).

Self v. State, 564 So.2d 1023, 1026 (Ala.Crim.App.1989), cert. quashed, 564 So.2d 1035 (Ala.1990). Clearly, there was no evidence that the appellant was in actual possession of any of the cocaine found in the house.

“Thus, ‘[t]o establish constructive possession, the state must show that the accused had dominion and control of the illegal substance itself or of the premises on which the substance was found. Grubbs v. State, 462 So.2d 995 (Ala.Crim.App.1984); Franklin v. State, 437 So.2d 609 (Ala.Crim.App.1983).’ Hamilton v. State, 496 So.2d 100, 103 (Ala.Crim.App.), cert. denied (Ala.1986). ‘Constructive possession may be determined by weighing facts tending to support a defendant’s necessary control over the substances against facts which demonstrate a lack of dominion and control.’ Korreckt, 507 So.2d at 564 (quoting Crane v. State, 401 So.2d 148, 149 (Ala.Crim.App.), cert. denied, 401 So.2d 151 (Ala.1981)).”

Self, 564 So.2d at 1026.

There is an inference of constructive possession when the controlled substance is found on premises owned or controlled by the accused. Donahoo v. State, 505 So.2d 1067 (Ala.Crim.App.1986). The only evidence that the appellant controlled the house in which the drugs were found was his statements to Deputy Miller that Miller could “use this [address]” to send a subpoena and that he lived at that address “sometimes” and the fact that he was asleep in one of the bedrooms of the house when the search warrant was executed. However, this evidence must be weighed along with other evidence which indicates that the appellant did not have control over this house. Deputy Horton testified that [244]*244the appellant told Miller that he lived in Pratt City. Further, Deputy Miller stated that his preliminary investigation revealed that the appellant did not live at the house in question, and there was ample evidence presented at trial that Daisy Reese was the occupant of the house. Even when all of this evidence is considered together in the light most favorable to the State, see Cumbo v. State, 368 So.2d 871 (Ala.Crim.App.1978), cert. denied, 368 So.2d 877 (Ala. 1979), we cannot say that there was enough evidence for the jury to reasonably conclude that the appellant had control over the house in which the cocaine was found. Further,

“where a person is in possession, but not exclusive possession of premises, it may not be inferred that he knew of the presence of any controlled substance found there unless there are other circumstances tending to buttress this inference .... While nonexclusive possession may raise the suspicion that all occupants had knowledge of the contraband found, a mere suspicion is not enough. Campbell, [v. State, 28 Ala.App. 240, 182 So. 89 (1938) ]. What is required is some evidence that connects the defendant with the contraband found.”

Temple v. State, 366 So.2d 740, 743 (Ala.Crim.App.1978).

Here, we find absolutely no evidence which connects the appellant with any of the cocaine found in the house. Certainly, the appellant had no connection with the cocaine found on Clara Dunner and Rufus Reese.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

D.B. v. State
678 So. 2d 250 (Court of Criminal Appeals of Alabama, 1995)
Linville v. State
634 So. 2d 601 (Court of Criminal Appeals of Alabama, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
585 So. 2d 241, 1991 Ala. Crim. App. LEXIS 288, 1991 WL 88558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rawls-v-state-alacrimapp-1991.