explaining that in cases of constructive possession, “circumstances that provide [a] connection [between the defendant and contraband] include ... admissions of the defendant that provide the necessary connection, which includes both verbal admissions and conduct that evidences a consciousness of guilt when the defendant is confronted with the possibility that illicit drugs will be found”
How later courts described this case
- explaining that in cases of constructive possession, “circumstances that provide [a] connection [between the defendant and contraband] include ... admissions of the defendant that provide the necessary connection, which includes both verbal admissions and conduct that evidences a consciousness of guilt when the defendant is confronted with the possibility that illicit drugs will be found”
Written by the judges who cited it.
The opinion
STUART, Justice
(concurring specially).
J.C. was charged with trafficking in marijuana. To sustain a conviction for trafficking in marijuana, the State had to establish, that J.C. was in “constructive possession of, in excess of one kilo or 2.2 pounds of any part of the plant of the genus Cannabis.” See § 13A-12-231(1), Ala.Code 1975. The State did not meet this burden. While. the State presented sufficient evidence to sustain a conviction for possession of marijuana, it did not present sufficient evidence to support a conviction for trafficking in marijuana.