Page:Jones v. State, 357 Ark. 545 (2004).pdf/1

Rh

CR 03-1129

 MOTIONS–TEST FOR MOTION FOR DIRECTED VERDICT–SUBSTANTIAL EVIDENCE DEFINED.–The supreme court treats a motion for directed verdict as a challenge to sufficiency of the evidence; the test for determining sufficiency of the evidence is whether the verdict is supported by substantial evidence, direct or circumstantial; evidence is substantial if it is of sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. APPEAL & ERROR–EVIDENCE ON APPEAL–STANDARD OF REVIEW.–On appeal, the supreme court views evidence in the light most favorable to the State, considering only evidence that supports the verdict. CRIMINAL LAW–CONTROLLED SUBSTANCES–CONSTRUCTIVE POSSESSION.–The State need not prove that the accused physically possessed the contraband in order to sustain a conviction for possession of a controlled substance if the location of the contraband was such that it could be said to be under dominion and control of the accused. CRIMINAL LAW–POSSESSION OF CONTRABAND–HOW ESTABLISHED.–Constructive possession may be established by circumstantial evidence; when seeking to prove constructive possession, the State must establish that the defendant exercised care, control, and management over the contraband; this control can be inferred from the circumstances, such as proximity of the contraband to the accused, the fact that it is in plain view, and ownership of the property where the contraband is found. CRIMINAL LAW–JOINT OCCUPANCY OF VEHICLE–FACTORS TO BE CONSIDERED WHEN ESTABLISHING POSSESSION.–Joint occupancy of a vehicle, standing alone, is not sufficient to establish possession or joint possession; there must be some other factor linking the accused to the drugs; other factors to be considered in cases involving automobiles occupied by more than one persons are: