State v. Brandt

DONIELSON, Presiding Judge.

Karen Gail Brandt appeals from her conviction for possession of a controlled substance in violation of Iowa Code section 204.401(3), entered after a bench trial. Defendant was found to have constructive possession of marijuana which was found in the sewing room of the home she shared with her husband. Brandt urges this court to hold that an unwilling participant may not be found in constructive possession solely by virtue of her dominion and control over the premises upon which the substance is found. First, she asks this court to require the State to establish not…