Opinion
No. 3-306 / 02-1799
Filed August 27, 2003
Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge.
The defendant appeals her conviction of possession of a controlled substance with intent to deliver. AFFIRMED.
Linda Del Gallo, State Appellate Defender, and David Adams, Assistant Appellate Defender, for appellant.
Thomas J. Miller, Attorney General, Bridget Chambers, Assistant Attorney General, John Sarcone, County Attorney, and Dan Voogt, Assistant County Attorney, for appellee.
Considered by Mahan, P.J., and Miller and Vaitheswaran, JJ.
Urbandale police stopped a car for a traffic violation, obtained the driver's consent to search the vehicle, and on the front passenger-side floorboard, discovered a tin box containing methamphetamine. Passenger Stephanie Dawn Johnson was charged with possession of a controlled substance with intent to deliver and other crimes not at issue here. See Iowa Code § 124.401(1)(b)(7) (2001). A district court found her guilty and imposed sentence.
On appeal, Johnson challenges the sufficiency of the evidence supporting the court's finding of guilt. She contends the State did not prove she "possessed" the drugs in the tin box.
Our highest court recently articulated the legal principles governing possession of a controlled substance in a vehicle. State v. Cashen, ___ N.W.2d ___, ___ (Iowa 2003). Possession may be actual or constructive. Id. Actual possession is marked by direct physical control of the drugs. Id. Constructive possession exists if the defendant "knew of the drugs' presence and had control and dominion over the contraband." Id.
We find substantial evidence of constructive possession. Immediately prior to the search, Johnson was seated on the passenger side of the vehicle. Cf. State v. Atkinson, 620 N.W.2d 1, 2 (Iowa 2000) (finding insufficient evidence of passenger's constructive possession of drugs discovered in a fanny pack underneath the driver's seat). She was the only passenger in the car. Cf. Cashen, ___ N.W.2d at ___ (finding insufficient evidence of constructive possession where the drugs were discovered in the back seat of a car containing four passengers). Her purse, containing identifying information, was lying between her feet and next to the tin box containing the drugs. Cf. Atkinson, 620 N.W.2d at 4 (noting drugs were not with the defendant's personal effects). Also in the purse were three bloody syringes. Cf. State v. Webb, 648 N.W.2d 72, 79 (Iowa 2002) (finding insufficient evidence of dominion and control over drugs based in part on the absence of drug paraphernalia). Fresh needle marks, consistent with recent intravenous drug use, dotted Johnson's arms. Cf. Id. at 80 (finding no evidence that the defendant was under the influence of drugs).
A fact-finder reasonably could have found from this evidence that Johnson had knowledge of and dominion and control over the drugs and, therefore, constructively possessed them. Accordingly, we affirm Johnson's judgment and sentence.