607 N.W.2d 365
No. 114694.Supreme Court of Michigan.
January 11, 2000.
On order of the Court, the application for leave to appeal the April 30, 1999 decision of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
Cavanagh and Kelly, JJ., state as follows:
We would VACATE the judgment of the Court of Appeals and REMAND the matter for entry of an order of acquittal and discharge. Viewing the evidence in a light most favorable to the prosecution, a rational trier of fact could not find that the elements of constructive possession were proved beyond a reasonable doubt. People v Hampton, 407 Mich. 354
(1979). Constructive possession exists when the totality of the circumstances indicates a sufficient nexus between the defendant and the contraband. People v Wolfe, 440 Mich. 508 (1992). Defendant’s presence inside the house where the search warrant was executed, without more, is insufficient to establish constructive possession of the drugs which were discovered in a bowl on the top shelf of a kitchen cabinet and on a different floor. Neither was there sufficient evidence that defendant had constructive possession of the firearm discovered inside a night stand in a different room of the house. People v Mitchell, 456 Mich. 693
(1998).
Court of Appeals No. 203822.