State v. Camden

837 S.W.2d 33, 1992 Mo. App. LEXIS 1484, 1992 WL 220229
Missouri Court of Appeals·Decided September 15, 1992·No. Nos. WD 43336, WD 44809·Published·Cited by 2 cases

Opinion

FENNER, Presiding Judge.

Appellant, Wilson Shelby Camden, Jr., appeals from his convictions for possession of a controlled substance, § 195.020, RSMo 19861 (now repealed) and possession of an explosive weapon, § 320.136 and § 571.020. Camden also appeals the denial of his Motion to Vacate Judgment and Sentence under Rule 29.15. Taken in the light most favorable to the verdict, the evidence was as stated hereafter.

On November 25, 1987, a group of law enforcement officers executed a search warrant for narcotics on the eighth floor of the Governor Hotel in Jefferson City, Missouri. Camden was present on the eighth floor of the hotel in room 806 at the time the search warrant was executed. Camden was using room 806 as his bedroom. The officers also found an M-100 explosive and a bottle of Inositol powder in room 806. [35]*35The M-100 was five inches long by one and a quarter inches wide, containing 201 grains of flash powder. The M-100 was on top of the television along with a cup containing some marijuana and rolling papers. Inositol is a substance commonly used for cutting cocaine and it was found on a nightstand.

Room 801 was a locked conference room with a conference table and chairs, some storage boxes, and a file cabinet. Underneath the bottom drawer of the file cabinet the officers found a men’s shaving kit, containing a plastic bag of cocaine, two baggies of marijuana and an assortment of drug paraphernalia. In the file cabinet the officers found several file folders containing various business records on which Camden’s name appeared. Among the business records were papers from BB’s lounge, a bar operated by Camden downstairs in the Hotel Governor. On a small table in room 801 was a set of electronic metric scales, a one kilogram weight and a two kilogram weight.

After Camden was placed under arrest, he was allowed to retrieve some money. Camden retrieved money from a pants pocket and from a chest of drawers in room 806. Camden then went into room 807 where he retrieved some cash from a three-layered stack of file trays sitting on a desk.

On the desk in room 807 the officers found in the file tray a glass tube for snorting cocaine with cocaine residue inside the tube. Also on the desk was a mirror of the type commonly used in the preparation of cocaine. On top of the television in room 807 was a book entitled Cocaine Consumer’s Handbook. Also on the desk in room 807 was a set of keys containing the key to room 801, the locked room where the shaving kit, file cabinet and scales were found.

Room 804 had the appearance of a meeting room. There was a sign on the stairway door to the eighth floor which advised that no one was allowed on the eighth floor without the permission of room 804.

Room 803 was set up as an office. There were numerous business and telephone records in room 803 with Camden’s name on them as well as the name of his company, Will Can Management. There was also a receptionist area near the elevators, with a desk, a chair, and a telephone. When an officer answered the phone, a caller asked for “Willie.”

Room 802 was a bedroom recently occupied by a woman named Gloria Berhorst. Officers found a few items of discarded clothing and a few items of drug paraphernalia with trace amounts of plant material and trace amounts of cocaine.

Room 805 was a bedroom occupied by a woman named Teresa Goslin and her daughter. In that room the officers found “items of narcotic value.”

Camden admitted that the scales found in room 801 were his, but said that they were used to weigh packages being mailed out. However, the post office weighs mail solely in English units while Camden’s scales were strictly metric. Camden asked the officers if the narcotics found were cocaine or marijuana and admitted that he had some marijuana on his television set.

In his first point on appeal, Camden argues that the evidence failed to show that he was aware of the presence and nature of the cocaine and that he was intentionally in possession of it. Appellant argues that the evidence failed to show that he had exclusive use of the rooms or any other part of the eighth floor of the Governor Hotel where the contraband was found.

To assess the sufficiency of the evidence to support a conviction, an appellate court must accept as true all evidence tending to support a finding of guilt, together with all reasonable inferences supporting the verdict, while disregarding any contrary evidence. State v. Adkins, 800 S.W.2d 28, 30 (Mo.App.1990). Where evidence supporting a conviction is entirely circumstantial, the facts and circumstances to establish guilt must be consistent with each other, consistent with the guilt of the defendant, and inconsistent with any reasonable theory of innocence. Id.

Appellant was convicted of possession of cocaine in violation of § 195.020 [36]*36(now repealed). To support a conviction for possession of controlled substance under § 195.020, there must be evidence that the defendant knowingly and intentionally possessed the substance, and was aware of its presence and nature.2 Constructive possession is sufficient where joint control exists, if other facts buttress an inference that the defendant had knowledge of the presence of the substance. Id. Defendant’s access to the area where drugs were found is an incriminating fact not destroyed because another had access to the area. Id.

It was not necessary for the evidence to show that Camden had exclusive access to the areas where the contraband was found. There was other evidence to show that Camden had knowledge of the presence of the cocaine.

The record reflects that Camden had converted the eighth floor of the hotel into a living quarters for himself and others invited there by him as well as an office for his business interests. Camden admitted to knowledge of marijuana in the room he was sleeping in, room 806. Camden also retrieved money from a file tray in room 807 where a tube for snorting cocaine was located. The tube was also shown to contain cocaine residue. On the desk where the filing tray was located there was also a mirror of the type used in the preparation of cocaine as well as keys to room 801. Also on the television in room 807 was a book entitled Cocaine Consumer’s Handbook.

In room 801 underneath the file cabinet containing Camden’s business records was the men’s shaving kit which contained 24.01 grams of cocaine and the scales.

Camden admitted he knew there was marijuana on the premises and circumstantially indicated his awareness of cocaine by asking the officers if they found any cocaine.

The facts presented were consistent with Camden’s having been in possession of the cocaine and inconsistent with any reasonable theory of his innocence.

Camden’s first point is denied.

In his second point, Camden argues that the evidence failed to show that he knew the M-100 was an explosive weapon. Camden does not challenge that he was in possession of the M-100 or that it is an explosive weapon.3

On this charge Camden was convicted under § 571.020.1(1), which provides that a “person commits a crime if he knowingly possesses ... an explosive weapon.” The statute forbids knowingly possessing an explosive weapon, not just possessing what one knows to be an explosive weapon.

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State v. Camden, 837 S.W.2d 33, 1992 Mo. App. LEXIS 1484, 1992 WL 220229 (Mo. Ct. App. 1992).

837 S.W.2d 33 (State v. Camden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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