State v. Daniels

The issue in this criminal case is whether the state adduced evidence from which a jury could find that defendant was in actual or constructive possession of a small quantity of methamphetamine located in defendant’s girlfriend’s bag. The Court of Appeals affirmed defendant’s conviction without issuing a written opinion. State v. Daniels, 230 Or App 430, 215 P3d 127 (2009). We allowed review and now reverse.

At trial, the following evidence, viewed in the light most favorable to the state, see State v. Casey, 346 Or 54, 56, 203 P3d 202 (2009) (stating standard), was presented. On September 21,…