State v. Shumaker

¶1 — To prove constructive possession of drugs, the State must show dominion and control over the drugs. Dominion and control over the premises where drugs are found is one circumstance to be considered by the trier of fact. Dominion and control of the premises does not, however, create an inference that the defendant had dominion and control over the drugs found on the premises. To the extent we held otherwise in State v. Ponce,1 2we overrule that holding and conclude that we were correct in State v. Olivarez.2 We then reverse the conviction here for possession of marijuana with intent to…