Criminal Law: Constructive Possession-Sufficiency of Evidence-Accomplice Liability

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Where a defendant, who was convicted of charges of possession of drugs and unlawful use of drug paraphernalia, argued that the state failed to prove constructive possession, the defendant’s proximity as a passenger in the vehicle to drugs found during a traffic stop and his nervousness alone were not sufficient to convict, and under the totality of the circumstances including the presence of drug ledgers a reasonable juror would not have found beyond a reasonable doubt that the defendant knew the drugs and paraphernalia were in the vehicle, and the judgment is affirmed because the state also failed to present sufficient evidence to find that the defendant could be liable under an accomplice theory.

Judgment is reversed.

State v. Barnett (MLW No. 74457/Case No. ED107471 – 15 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, Warren County, Dalton, J. (Christian Lehmberg for appellant) (Julia E. Rives for respondent).