State v. Cantabrana

Kennedy, A.C. J.

Raul Cantabrana appeals his conviction of possession of heroin and cocaine with intent to distribute. The jury was instructed that constructive possession of drugs occurs when a person has dominion and control over the premises in which the drugs are found. We hold that the jury should have been instructed that dominion and control over premises raises a rebuttable inference of dominion and control over drugs found therein. Accordingly, we reverse and remand for a new trial.

FACTS

Late in the morning on a spring day in 1993, Seattle Police executed a search warrant at Raul…