482 S.W.3d 499
Mo. Ct. App.2016Background
- On May 5, 2010 officers responded to a death at a small mobile home where Terisa Stephens lived with Larry Jackson; officers detected a strong chemical odor associated with methamphetamine production.
- A methamphetamine lab (three glass jars with biphasic liquids that tested positive for methamphetamine) was found in a desk drawer in an added back room ("the office"). Match strike plates were also found there.
- A small baggie of methamphetamine was found on a top shelf of the bedroom closet in the residence.
- Stephens admitted she had lived at the mobile home ~5 weeks, washed clothes in the office, smelled the chemicals, knew Jackson manufactured methamphetamine there, and used methamphetamine he produced.
- Jackson admitted he manufactured methamphetamine daily and shared it with Stephens in exchange for her removing strike plates from matchbooks; Stephens returned to live at the home for six months after her release from jail.
- Stephens was convicted by a jury of possession of methamphetamine (Count II); she appealed, arguing insufficient evidence of her constructive possession of the methamphetamine found in the residence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove Stephens had knowledge of and constructive possession of methamphetamine found in the office | State: Stephens knew of the lab, had routine access to the office, participated in manufacture (removed strike plates), and used methamphetamine produced there — all support constructive possession | Stephens: Joint occupancy means mere access/knowledge is insufficient; no exclusive control or direct possession of the substances to prove constructive possession | Affirmed — totality of circumstances (knowledge, routine access/control, participation in manufacture, and drug use) supported a reasonable juror finding constructive possession |
Key Cases Cited
- State v. Stover, 388 S.W.3d 138 (Mo. banc 2012) (constructive possession requires additional evidence linking defendant to drugs when premises are jointly controlled)
- State v. Kerns, 389 S.W.3d 244 (Mo. App. S.D. 2012) (lists examples of further evidence supporting constructive possession and advises totality-of-circumstances analysis)
- State v. Riley, 440 S.W.3d 561 (Mo. App. E.D. 2014) (defendant's admission to use of drugs can link defendant to drugs forming basis of possession charge)
- State v. Purlee, 839 S.W.2d 584 (Mo. banc 1992) (consider totality of facts; acquittal inconsistent with totality except for defendant's denials)
- State v. Miller, 372 S.W.3d 455 (Mo. banc 2012) (standard of review: view evidence in light most favorable to judgment to determine sufficiency)