Rither v. State

ON MOTION FOR REHEARING AND/OR CLARIFICATION

We grant the State’s Motion for Rehearing and/or Clarification, withdraw our previous opinion, and substitute the following opinion in its place.

Appellant seeks review of his conviction and sentence for trafficking in cocaine. He alleges that the trial court erred in denying his motion for judgment of acquittal in light of the State’s failure to prove that he was in constructive possession of the drugs. In order to prove constructive possession, the State was required to prove that Appellant knew of the presence of the contraband and was able to…