Luu v. State

The defendant appeals the denial of her motion for judgment of acquittal after she was convicted of possession of drug paraphernalia. She argues the State failed in its proof of constructive possession given the joint occupancy of the vehicle and the location of the paraphernalia. We agree and reverse.

The defendant was the driver of a vehicle that was occupied by a front seat passenger. An accident occurred. When law enforcement examined the vehicles, an officer discovered a pen wrapped in tinfoil in plain view on the driver’s side rear floorboard near the center console. The area was…