Court of Appeals of Missouri, Western District, Second Division
This decision has been designated as "Court of Appeals of Missouri Decisions Without Published Opinions" table in the South Western Reporter. See MO R RCP Rule 84.16 regarding unpublished opinions.
Appeal from the Circuit Court of Saline County, Missouri. The Honorable Hugh Craig Harvey, Judge.
Dora Fichter, Jefferson City, Counsel for Respondent.
Damien Sepher Bhakti De Loyola, Kansas City, Counsel for Appellant.
Before Division Two: Victor C. Howard P.J., James E. Welsh, Anthony Rex Gabbert JJ. All concur.
Anthony Rex Gabbert, J.
Bobby Wright appeals the circuit court's judgment finding him guilty of possessing more than five grams of marijuana with intent to deliver. Wright raises two points on appeal. Wright argues that the circuit court erred in overruling his motions for acquittal and entering a judgment of conviction on the possession of a controlled substance with intent to deliver because there was insufficient evidence to support the finding that he had (1) access and control over the premises where the marijuana was found and (2) constructive possession of the marijuana. We reverse and remand for entry of a judgment of acquittal.
On March 18, 2011, law enforcement officers conducted a controlled buy at the residence on 917 West Third Street, Apartment A, in Sedalia, Missouri (the " Apartment" ). Detective David Smith searched a confidential informant and gave him $20. Detective Smith dropped off the confidential informant about one-and-a-half blocks from the residence and saw the confidential informant speak to Wright on the front porch. Wright and the confidential informant went inside and stayed there for about three minutes. Then both Wright and the confidential informant came outside. The confidential informant walked away and met with Detective Smith at another location where the confidential informant gave Detective Smith four small baggies of marijuana.
The following week, the police saw Wright at the Apartment numerous times. Wright's van was usually parked in an alley behind the Apartment.
Detective Smith and Detective Ryan Reed conducted surveillance of the Apartment for two to three hours on March 28, 2011. The detectives observed Wright on ...