State v. Smith

415 Md. 174, 999 A.2d 986 (2010)

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Nature of the Case

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Facts

Police suspected substantial drug activity and obtained and executed a search warrant. Upon entering the residence, the police were “immediately engulfed with a heavy cloud of marijuana filtering all through the first floor.” There were approximately 12-14 people present in the house in a smoky haze of marijuana. Smith (D) was observed, along with four other individuals, seated in chairs at a table. A marijuana blunt was burning in an ashtray in the center of the table. The blunt had burned down to a small portion. All four of the individuals seated at the table, including D, were within arm’s reach of the blunt and also a jacket on a chair that had 15 additional baggies of marijuana in it. D argued that State did not establish that he had knowledge of the contents of the jacket or that he exercised dominion or control over the blunt in the ashtray. The State countered that there was sufficient evidence that D was in constructive possession of both the marijuana in the jacket and the blunt. The jury returned a guilty verdict to the single charge of possession of marijuana. D appealed and argued that the evidence was insufficient to sustain the conviction. That court affirmed the conviction in an unreported opinion. This appeal followed.