Where a defendant was a passenger, did not own the truck in which he was arrested in a drug trafficking case, the drugs were not in plain view or close to or accessible by the defendant, none of his personal belongings were found with the drugs and the defendant’s nervousness could have been attributed to an active warrant for his arrest, the evidence was not sufficient to show the defendant’s knowledge or control of the drugs, so his conviction is reversed based on insufficiency of evidence.
Judgment is reversed.
State v. Maldonado-Echeverria (MLW No. 64927/Case No. WD74860 – 11 pages) (Missouri Court of Appeals, Western District, Howard, J.) Appealed from circuit court, Saline County, Rolf, J. (Dora Fichter for respondent) (Mark D. Hagen for appellant).