People v. Poe, 316 P.3d 13

Defendant Poe was subject to parole conditions; officers searched his apartment during a parole check and found drugs and drug paraphernalia.
Friend claimed she was a houseguest and brought the drugs to Poe’s apartment without his knowledge.
Poe was charged with possession of methamphetamine, marijuana, and drug paraphernalia; trial evidence centered on friend’s statements and ownership.
A jury convicted Poe as charged; he appealed on jury instruction issues and sufficiency of the evidence.
The trial court gave Instruction 19, a deliberation guidance note, which Poe challenged as invading jury deliberations.
Court affirmed Poe’s conviction, holding the instruction proper and the evidence sufficient to sustain possession charges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Instruction 19 improperly directed deliberations	Poe argues the instruction invaded jury deliberations	Poe contends it was an impermissible directive	Instruction 19 proper; not an instruction to bind jury; permissible guidance
Whether the evidence was sufficient for knowing possession	People contend there was sufficient evidence of control and knowledge	Poe argues lack of knowing possession and link to him	Evidence sufficient; jury could infer dominion and knowledge based on location and lack of houseguest
Whether the credibility assessment of the friend was properly left to the jury	Evidence supported friend’s ownership claim	Jury should not credit friend over defendant	Credibility for witnesses lies with jury; substantial evidence supported conviction

People v. Schwartz, 678 P.2d 1000 (Colo.1984) (abuse of discretion standard for deliberation instruction; model instructions relevant)
People v. Raglin, 21 P.3d 419 (Colo.App.2000) (deliberation guidance permissible)
Feltes v. People, 178 Colo. 409, 498 P.2d 1128 (Colo.1972) (circumstantial evidence may establish possession of drugs)