State v. Gregory

Missouri Court of Appeals

State v. Gregory

344 S.W.3d 300, 2011 Mo. App. LEXIS 1031, 2011 WL 3444145

Missouri Court of Appeals·Decided August 9, 2011·No. WD 72297·Published·Cited by 1 cases

Opinion

Order

PER CURIAM.

This is a possession of a controlled substance case. The issue is whether there was sufficient evidence to prove that the accused had constructive possession of the subject drugs and knew of their presence and nature. The defendant was a passenger in a car that carried thirty baggies of marijuana in the trunk, and there were other incriminating facts that were sufficient to tie the defendant to the drugs so that a reasonable juror could conclude that he had: (1) knowledge of their presence and nature; and (2) access to and control over them. Therefore, we hold that there was sufficient evidence to establish the elements of possession of a controlled substance. Accordingly, we affirm. Rule 30.25(b).

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Order

PER CURIAM.

This is a possession of a controlled substance case. The issue is whether there was sufficient evidence to prove that the accused had constructive possession of the subject drugs and knew of their presence and nature. The defendant was a passenger in a car that carried thirty baggies of marijuana in the trunk, and there were other incriminating facts that were sufficient to tie the defendant to the drugs so that a reasonable juror could conclude that he had: (1) knowledge of their presence and nature; and (2) access to and control over them. Therefore, we hold that there was sufficient evidence to establish the elements of possession of a controlled substance. Accordingly, we affirm. Rule 30.25(b).

State v. Gregory, 344 S.W.3d 300, 2011 Mo. App. LEXIS 1031, 2011 WL 3444145 (Mo. Ct. App. 2011).

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Opinion

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