T.W. v. State

T.W. appeals her judgment of guilt of possession of a controlled substance. She contends that there was insufficient evidence to show she had constructive possession of the controlled substance. We agree and reverse.

According to the answer brief, the hearing was recorded on audiotape but could not be transcribed because it was unintelligible. Unfortunately, this is a common occurrence and is disturbing in this age of technology. The court and the attorneys therefore entered a “Stipulated Reconstruction of the Record” that provides: during a legal traffic stop, the driver/owner of the ear was…