State v. Gonzalez-Camargo
293 P.3d 1121
Utah Ct. App.2012Background
- Agents surveilled a Salt Lake City fourplex on Sept. 29, 2009, observing heavy foot/vehicular traffic, lookouts, and two suspected drug transactions but no link to Gonzalez-Camargo.
- SWAT surrounded and called residents out at midnight on Sept. 30, 2009; Gonzalez-Camargo and Girlfriend were detained and one resided in apartment D.
- During the search, investigators found a lockbox with nine baggies of methamphetamine in the north bedroom of apartment D, along with other items such as laptops and a loaded shotgun.
- A university laptop bearing a Utah State University sticker was later identified as stolen via an incident report; the State sought to use related testimony as proof of possession of stolen property.
- At trial, Gonzalez-Camargo was convicted of possession of methamphetamine and receiving stolen property, but the court later vacated the methamphetamine conviction and reversed the stolen property conviction, remanding for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of nexus for constructive possession | State argues sufficient nexus from presence and location. | Gonzalez-Camargo contends lack of exclusive control and uncertain discovery location. | Conviction vacated; no sufficient nexus to prove possession beyond reasonable doubt. |
| Admissibility of incident report as hearsay | State contends report is admissible; it links computer to theft. | Report improperly admitted as hearsay and violates confrontation rights. | Hearsay error requiring reversal of receiving stolen property conviction; remand for new trial. |
| Remedy for prejudicial error in receiving stolen property | N/A (State concession on prejudice) | N/A | Conviction for receiving stolen property reversed and remanded for new trial. |
Key Cases Cited
- State v. Workman, 122 P.3d 639 (Utah 2005) (constructive possession by cumulative evidence standard)
- State v. Fox, 709 P.2d 316 (Utah 1985) (nexus factors for constructive possession not exhaustive)
- Spanish Fork City v. Bryan, 975 P.2d 501 (Utah App. 1999) (living space shared; lack of certainty defeats possession finding)
- State v. Hansen, 732 P.2d 127 (Utah 1987) (possession considerations with key to lockbox supporting constructive possession)