Background

• Appellant Johnny L. Kerns challenges a jury conviction for felony possession of a controlled substance (methamphetamine).
• On Aug. 10, 2009, police responded to a domestic-disturbance call at a home owned by Appellant’s grandmother, where Appellant resided in an upstairs bedroom shared with another occupant.
• Officers learned Ward and Evans, staying in a nearby room, were allegedly under the influence and possibly manufacturing methamphetamine at the residence, based on statements by residents.
• Appellant consented to a search of his room and directed officers to a corner where a modified spoon and straw with visible methamphetamine residue were found in plain view; both items tested positive for methamphetamine.
• The jury found Appellant guilty; he was sentenced to three years with suspended execution of sentence and five years’ probation. A clerical error later prompted remand to amend the judgment to reflect the jury verdict announced in open court.

Issues

Key Cases Cited

• State v. Purlee, 839 S.W.2d 584 (Mo. banc 1992) (possession requires awareness and control; may be proved by circumstantial evidence)
• Richardson, 296 S.W.3d 21 (Mo.App. S.D.2009) (standard for sufficiency on appeal: reasonable juror could find guilt beyond reasonable doubt)
• State v. Millsap, 244 S.W.3d 786 (Mo.App. S.D.2008) (exclusive or joint control factors; access and control evidence)
• State v. Booth, 11 S.W.3d 887 (Mo.App. S.D.2000) (affirmative evidence of possession where defendant had access to the area)
• State v. Cannafax, 344 S.W.3d 279 (Mo.App. S.D.2011) (weight of witness testimony for fact-finder; credibility of witnesses rests with jury)
• State v. Moses, 265 S.W.3d 863 (Mo.App. E.D.2008) (totality of circumstances governs connection to controlled substance)
• State v. Sinyard, 294 S.W.3d 80 (Mo.App. S.D.2009) (clerical-error remedy under Rule 29.12; amend judgment to reflect open-court verdict)