Session v. State

EDWARDS, J..

Johnson Session (“Appellant”) appeals the trial court’s denial of his motion for judgment of acquittal regarding possession of a controlled substance. Because the State’s only evidence of constructive possession by Appellant was his proximity to the controlled substances, we reverse.

Police observed Appellant and another individual in an automobile that was not owned by either occupant. Appellant, who was sitting in the driver’s seat, was rolling a joint while the other occupant sat in the front passenger seat.1 The car keys were in the ignition. As the police officer approached,…