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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law : Methamphetamine Possession – Sufficiency Of Evidence – Constructive Possession

Criminal Law : Methamphetamine Possession – Sufficiency Of Evidence – Constructive Possession

Where a defendant challenged his conviction for possession of methamphetamine, the judgment is reversed because the state produced insufficient evidence that the defendant had exclusive possession of the premises, particularly the open porch where the drugs were found, and due to the presence of visitors at the time.

Judgment is reversed.

State v. Drabek (MLW No. 71668/Case No. ED105240 -15 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.) Appealed from circuit court, St. Francois County, Wexler-Horn, J. (Richard B. Walsh Jr., Evan Z. Reid and Edward T. Pivin for appellant) (Joshua D. Hawley and Christine Lesicko for respondent).

Read the full text of this opinion. (PDF)