Brisker v. State

I respectfully dissent from the majority opinion reversing the appellant's conviction and rendering a judgment in her favor based on its conclusion that the State failed to present any evidence that demonstrated that Brisker was in actual or constructive possession of the stolen vehicle. I disagree with the majority's attempt to distinguish that fact in Brisker's case from the facts in Bass v. State, 701 So.2d 44 (Ala.Crim.App. 1996). In my opinion, there was sufficient evidence presented to submit the question of Brisker's guilt to the jury for its determination.