Criminal Law : Drug Manufacturing – Joint Control

Even though a defendant was staying on the couch in the living room of his parents’ home where drug paraphernalia was found and he verbally claimed the items, the defendant was not in close proximity to the items since he arrived after officers had discovered the items, there was no evidence that the defendant had access or control over a van and tent where methamphetamine manufacturing items were found and the items claimed by the defendant did not indicated production of the drug, so the trial court erred in denying the motion for acquittal on the count of attempting to manufacture the drug, and the court also should have granted acquittal on the charges of possession of methamphetamine and unlawful possession of a firearm.

Judgment is reversed.

State v. Glass (MLW No. 66906/Case No. ED100398 – 12 pages) (Missouri Court of Appeals, Eastern District, Richter, J.) Appealed from circuit court, Montgomery County, Dalton, J. (Craig A. Johnston for appellant) (Chris Koster and Richard A. Starnes for respondent).

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