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Slade v. State

The equal access doctrine was inapplicable, since the defendant was charge with joint constructive possession of the cocaine.

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Challenging the sufficiency of the evidence, Jarrod Slade appeals his jury-trial conviction for possessing cocaine. Because Slade’s co-defendant testified and identified Slade as the owner of the cocaine at issue, and because Slade was standing next to the cocaine in plain view, the evidence sufficed to sustain the conviction. Accordingly, we affirm. When considering a criminal defendant’s challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the verdict and, without weighing the evidence or determining witness credibility, determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Bryant v. State .1 See Jackson v. Virginia .2

So viewed, the evidence shows that an officer approached an apartment to execute an arrest warrant on a female living there. When the officer knocked, he could see into the apartment’s kitchen through a window adjacent to the front door, in which kitchen he saw Slade. Slade answered the door and told the officer that the wanted female was not there. Hearing activity in the apartment’s bedroom, the officer challenged this assertion; Slade then called to the female to come forward, which she did. While arresting the female in the apartment’s foyer, the officer now joined by back-up officers kept an eye on Slade to ensure police safety. The officer witnessed Slade, who continued to stand in the kitchen, repeatedly pick up a beer can, take a drink, and replace the beer can on the kitchen counter. In plain view on the kitchen counter near the beer can, the officer saw a digital scale partially coated with white powder and a small plastic bag containing a white powder that appeared to be cocaine.

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