State v. Slaughter

HUNTER, Robert C., Judge,

dissenting.

I disagree with the majority’s conclusion that the evidence in this case is sufficient to support a reasonable inference that defendant constructively possessed the marijuana and drug paraphernalia found in the bedroom in which he and two other individuals were detained. As the trial court should have granted defendant’s motion to dismiss the related charges for insufficient evidence, I dissent.

“When considering a motion to dismiss, the trial court’s inquiry is limited to a determination of ‘whether there is substantial evidence of each essential element of…