Boswell v. State
Boswell v. State
Opinion
The appellant, Mark Vincent Boswell, was convicted, after a bench trial in district court, of possession of marijuana in the second degree, a violation of §
On appeal the appellant argues that the state's evidence was insufficient to convict him for constructive possession of marijuana. In order for the state to prove possession, either actual or constructive, it must show: "(1) Actual or potential physical control, (2) intention to exercise dominion, and, (3) external manifestations of intent and control." White v. State,
The exercise of control does not have to be at the time of the arrest. See Hamilton v. State,
Hamilton," 'The apparent purpose of a constructive possession doctrine is expansion of the scope of possession statutes to encompass those cases where actual possession at the time of the arrest cannot be shown, but "where the inference that there has been possession at one time is exceedingly strong." ' " (citation omitted).
As this court stated in Saffold v. State,
The state's evidence established that the appellant was present in the house when the police executed their search warrant. Mail and receipts addressed to the appellant at that address were in the house. Marijuana was found in one of the bedrooms and in the living room closet. The marijuana found in the bedroom was a plant. The marijuana found was in several locations throughout the house. A purple bong pipe, and one pair of hemostats with a marijuana roach clip attached, were also found in the house.
There was sufficient evidence to "support a rational inference" by the judge "that appellant had knowledge of the contraband." Grubbs v. State,
For the foregoing reasons, the judgment of the district court is hereby affirmed.
AFFIRMED.
All the Judges concur. *Page 820
Reference
- Full Case Name
- Mark Vincent Boswell v. State.
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