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STATE v. SHUMAKER

No. 25860-2-III.

174 P.3d 1214 (2007)

STATE of Washington, Respondent, v. Charles Forrest SHUMAKER, Appellant.

Court of Appeals of Washington, Division 3.

December 27, 2007.

Attorney(s) appearing for the Case

Janet G. Gemberling, Gemberling & Dooris PS, Spokane, WA, for Appellant.

Stephen Phillip Scott, Attorney at Law, Grant Pros. Attorney, Teresa Jeanne Chen, Grant County Prosecutors Office, Ephrata, WA, for Respondent.

SWEENEY, C.J.

¶ 1 To prove constructive possession of drugs, the State must show dominion and control over the drugs. Dominion and control over the premises where drugs are found is one circumstance to be considered by the trier of fact. Dominion and control of the premises does not, however, create an inference that the defendant had dominion and control over the drugs found on the premises. To the extent we held otherwise in State v. Ponce,

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