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STATE v. BRANDT

No. 87-1693.

444 N.W.2d 97 (1989)

STATE of Iowa, Plaintiff-Appellee, v. Karen Gail BRANDT, Defendant-Appellant.

Court of Appeals of Iowa.

May 23, 1989.

Attorney(s) appearing for the Case

William L. Wegman, State Public Defender, and B. John Burns, Asst. Public Defender, for defendant-appellant.

Thomas J. Miller, Atty. Gen., Mark Joel Zbieroski, Asst. Atty. Gen., Denise Riley, Intern, and Allan W. VanderHart, Co. Atty., for plaintiff-appellee.

Heard by DONIELSON, P.J., and HAYDEN and HABHAB, JJ.

DONIELSON, Presiding Judge.

Karen Gail Brandt appeals from her conviction for possession of a controlled substance in violation of Iowa Code section 204.401(3), entered after a bench trial. Defendant was found to have constructive possession of marijuana which was found in the sewing room of the home she shared with her husband. Brandt urges this court to hold that an unwilling participant may not be found in constructive possession solely by virtue of her dominion...

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