State v. Olivarez

Juan Guiterrez, Demetrio Olivarez and Norma Mejia were charged by amended information with possession of cocaine with intent to deliver. Mr. Guiterrez and Mr. Olivarez were convicted of the lesser included crime, possession of cocaine. Ms. Mejia was acquitted. Mr. Guiter-rez contends on appeal the court erred by: (1) instructing the jury that constructive possession occurs if there is dominion and control over the substance or over the premises where it is found; and (2) refusing to instruct that delivery does not occur between joint possessors unless he stipulated to joint possession with…