STATE v. MOSES

No. ED 90009.

265 S.W.3d 863 (2008)

STATE of Missouri, Respondent, v. Darryl MOSES, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

September 30, 2008.


Attorney(s) appearing for the Case

Craig A. Johnston, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary H. Moore, Jefferson City, MO, for respondents.


KENNETH M. ROMINES, Judge.

Introduction

Darryl Moses appeals his conviction for cocaine possession, arguing that insufficient evidence supported the jury's verdict. Because we agree that no rational trier of fact could have found the elements of constructive possession beyond a reasonable doubt—principally because the State did not carry its burden to prove that Moses exercised dominion or control over the drugs—we reverse.

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