Taylor v. State
2011 Wyo. LEXIS 18
| Wyo. | 2011Background
- Appellant Darnell Taylor was charged with three counts of possession with intent to deliver after drugs were found in his girlfriend Courtney Vandom's apartment.
- Vandom claimed the drugs belonged to Taylor and that he controlled the apartment; she testified he valued and directed handling of the drugs.
- Police found marijuana, methamphetamine, cocaine, and heroin in the apartment during a 2008 search; Taylor was in the apartment and had access to it.
- Taylor previously had a key to the apartment, given by Vandom, and personal items of his were found there.
- Taylor told a friend there were drugs in the apartment and later indicated specific locations of methamphetamine; a search followed.
- The district court denied Taylor’s motion for judgment of acquittal on constructive possession, and he was convicted on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of constructive possession | State argues the evidence shows dominion, knowledge, and control | Taylor argues no proof of dominion or knowledge | Yes; the evidence suffices to prove constructive possession on Oct. 30, 2008 |
Key Cases Cited
- Sotolongo-Garcia v. State, 60 P.3d 687 (Wy. 2002) (constructive possession shown by circumstantial evidence)
- Wise v. State, 654 P.2d 116 (Wy. 1982) (dominion and control may be proven without actual possession)
- Cureton v. State, 169 P.3d 549 (Wy. 2007) (constructive possession requires totality of circumstances)
- Urrutia v. State, 924 P.2d 965 (Wy. 1996) (totality-of-circumstances standard for possession cases)
- Martinez v. State, 199 P.3d 526 (Wy. 2009) (standard for reviewing sufficiency of evidence for acquittal)