State v. Cooks, 108 So. 3d 1257

defendant Glenetraveronesse Cooks was convicted of possession with intent to distribute marijuana and of possessing a firearm while in possession of a controlled dangerous substance.
The firearm charge and marijuana charge were tried together; the conviction for the firearm charge was later vacated due to double jeopardy concerns.
The stop occurred after a traffic violation on I-10 when Drewery was driving a vehicle rented by a third party; marijuana was found in the trunk and a handgun was found under defendant's seat.
The State presented witnesses alleging constructive possession by defendant of the marijuana in the trunk, aided by circumstantial factors and the odor of marijuana in the vehicle.
The defense argued lack of dominion and control over the marijuana and disputed ownership, with testimony from both defendant and Drewery.
The trial court denied suppression of the marijuana evidence; on appeal the court upheld the denial and affirmed the marijuana conviction but remanded to impose a probation fee and vacated the firearm conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Double jeopardy of marijuana and weapon charges	Cooks argued the two LSA 14:95(E) and 40:966(A)(1) convictions rely on same evidence.	Cooks contends separate offenses were improperly punished together.	Double jeopardy violated; vacate firearm conviction.
Sufficiency of evidence for possession with intent to distribute marijuana	State asserts sufficient circumstantial evidence showed possession with intent to distribute.	Cooks contends lack of dominion/control and knowledge of contraband.	Evidence sufficient; conviction for marijuana upheld.
Sufficiency of evidence for constructive possession in a shared vehicle	State proves defendant had dominion via surrounding circumstances.	Cooks denies knowledge and control of marijuana.	Constructive possession shown; sufficient to convict for marijuana.
Motion to suppress evidence	Search and seizure were valid following lawful detention.	Detention prolonged beyond reasonable suspicion invalidates consent.	No abuse; suppression denied; search valid.
Error patent – probation fee	Probation fee was required on a firearm/controlled-substance conviction.	Fee was not properly imposed.	Remand to impose mandatory probation fee; otherwise affirmed.

State v. Sandifer, 679 So.2d 1324 (La. 1996) (double jeopardy analysis for same evidence cases)
State v. Thomas, 764 So.2d 1104 (La.App. 4 Cir. 2000) (multiple offenses under same evidence; double jeopardy concerns)
State v. Bazley, 60 So.3d 7 (La.App. 5 Cir. 2011) (factors for constructive possession and proximity to drugs)
State v. Robbins, 979 So.2d 630 (La.App. 2 Cir. 2008) (circumstantial evidence and co-occupants; constructive possession)
State v. Proctor, 901 So.2d 477 (La.App. 5 Cir. 2005) (factors determining constructive possession)