Regan v. State
2015 WY 62
| Wyo. | 2015Background
- Regan (driver and owner) and passenger Trujillo traveled from Denver to Gillette; police pulled them over and smelled marijuana.
- K-9 alerted; officers found ~1.5 pounds of green plant material in jars, bags, and a bin, plus paraphernalia and $1,000 cash.
- Regan admitted ownership of a quarter-ounce of the material but claimed the remainder belonged solely to Trujillo, who admitted over a pound was his and pleaded guilty to felony possession.
- Forensic chemist identified THC in samples; testified he was a chemist (not a botanist) but that THC detection supports concluding the material was marijuana.
- Jury convicted Regan of felony possession (>3 ounces); he was sentenced to probation and fined; he appealed claiming insufficient evidence as to (1) constructive possession of a felony quantity, (2) chain of custody, and (3) identification of the substance as marijuana.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Regan) | Held |
|---|---|---|---|
| Sufficiency: constructive possession of felony quantity | Regan owned/drove the car containing ~1.5 lbs; he knew marijuana was present and could have driven away — thus had dominion and control over felony amount | Regan did not participate in deliveries, remained in car, admitted only a quarter-ounce; no evidence of intent or power to control the larger quantity | Reversed felony conviction — evidence insufficient to prove Regan had both power and intent to control the felony quantity; reduced to misdemeanor possession for admitted quarter-ounce |
| Chain of custody for seized material | Parties stipulated pretrial to admissibility; exhibits were received at trial, so chain need not be relitigated | Argues State failed to prove the tested exhibits were the same material taken from his car | Held the stipulation admissibly covered the exhibits; chain challenge did not defeat admission of the putative marijuana at trial |
| Identification of the substance as marijuana | Chemist identified THC in samples; officers smelled and visually recognized marijuana; admissions by Regan and Trujillo corroborated identification | Argues chemist refused to testify he was a botanist and did not explicitly identify the plant material as marijuana | Held that, considering THC results, officer observations, and admissions, the evidence was sufficient to support that the substance was marijuana |
Key Cases Cited
- Dean v. State, 339 P.3d 509 (Wyo. 2014) (standard for reviewing sufficiency of the evidence)
- Mraz v. State, 326 P.3d 931 (Wyo. 2014) (sufficiency review principles)
- Taylor v. State, 246 P.3d 596 (Wyo. 2011) (constructive possession requires dominion and control; totality of circumstances)
- Urrutia v. State, 924 P.2d 965 (Wyo. 1996) (totality-of-circumstances approach to possession)
- Wise v. State, 654 P.2d 116 (Wyo. 1982) (evidence showing active participation and direction can support constructive possession)
- Mulligan v. State, 513 P.2d 180 (Wyo. 1973) (exclusive possession of premises permits inference of possession)
- Rodarte v. City of Riverton, 552 P.2d 1245 (Wyo. 1976) (mere presence in vehicle with contraband is insufficient to prove possession)
- United States v. King, 632 F.3d 646 (10th Cir. 2011) (defendant must have appreciable ability to exercise dominion/control)
- United States v. Al-Rekabi, 454 F.3d 1113 (10th Cir. 2006) (constructive possession as appreciable ability to guide destiny of contraband)