Sheriff v. Steward

Young, J., with whom Springer, J., joins,

dissenting:

I dissent.

The majority today returns Steward for trial on a charge of possession of a controlled substance. The majority’s conclusion that “[tjhis case is not a mere presence case” is, in my opinion, untenable. A review of the evidence relating to Steward’s “possession” demonstrates why this is so.

While searching a trailer owned by Chris Nunez, police discovered Steward sitting at the kitchen table, upon which police located the methamphetamine supporting the possession charge. Steward admittedly knew that the substance was methamphetamine…