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Seeley v. State5/22/1998
he facts and circumstances of each case * * *.
Story v. State, 721 P.2d 1020, 1025 (Wyo.), cert. denied, 479 U.S. 962, 107 S.Ct. 459, 93 L.Ed.2d 405 (1986). There must be some connection between the proven fact and the inference drawn from it. Cloman v. State, 574 P.2d 410, 417 (Wyo. 1978).
In this case, the proven facts are that a "white residue" was seen on objects commonly associated with drug use. These items were discovered in a backpack belonging to Seeley which contained four bags of white powder. Both Seeley and the white powder in the bags tested positive for cocaine. The inference that the substance on the mirror and tray may be cocaine is certainly a reasonable deduction from the surrounding circumstances. We find no abuse of discretion in the district court's careful consideration of the evidence and its conclusion that the probative value was not substantially outweighed by the potential for unfair prejudice.
B. SUFFICIENCY OF THE EVIDENCE
Seeley next argues the State failed to present sufficient evidence that he "possessed" the cocaine found in his backpack and, therefore, the district court erred in denying his motion for acquittal. To convict for possession of illicit drugs, the prosecution must establish that Seeley: (1) either individually or jointly with another exercised dominion and control over the substance; (2) had knowledge of its presence; and (3) had knowledge that the substance was a controlled substance. Saldana v. State, 846 P.2d 604, 620 (Wyo. 1993). Wise v. State, 654 P.2d 116, 119 (Wyo. 1982). It is not necessary to offer direct evidence of the defendant's actual possession of the contraband. " ircumstantial evidence linking together a series of facts" allowing a reasonable inference that the defendant had the requisite control and knowledge of the substance is sufficient to show constructive possession. Wise, 654 P.2d at 119. The court must consider the totality of the circumstances when determining whether sufficient evidence was presented to allow the jury to infer that the defendant had the requisite control and knowledge of the contraband. Urrutia v. State, 924 P.2d 965, 967 (Wyo. 1996).
Viewing the evidence in the light most favorable to the prosecution, we find sufficient evidence was presented to establish a prima facie case from which the jury could reasonably infer that Seeley had constructive possession of the cocaine. Seeley's control of the backpack is supported by his admission that he owned the backpack and had packed it himself. Eisele testified that Seeley directed him to retrieve the backpack from the Blazer at the motel , then Seeley unpacked, re-packed, and returned it to the Blazer.
The evidence was also sufficient to show that Seeley knew the cocaine was present. In addition to the control of the backpack noted above, the discovery of the mirror, the tray, the contraband and the similar packaging, all found in discrete areas of the backpack and Blazer, sufficiently negates the claim that someone else placed the contraband in the backpack without Seeley's knowledge. Finally, Seeley tested positive for cocaine use within close temporal proximity to his trip to Sheridan.
Seeley contends that because the State could not prove that the cocaine found in his system was the same cocaine discovered in the backpack, there is no evidence to show that he knew his backpack contained a controlled substance. The evidence discussed above, however, allows the jury to reasonably conclude that Seeley possessed what he knew to be a controlled substance in his backpack. The district court did not err in denying Seeley's oral and written motions claiming insufficient evidence.
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