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DeShields v. State10/6/2004
must be some other factor linking the accused to the contraband. Id. Other factors to be considered in cases involving automobiles occupied by more than one person are as follows: (1) whether the contraband is in plain view; (2) whether the contraband is found with the accused's personal effects; (3) whether it is found on the same side of the car seat as the accused was sitting or in near proximity to it; (4) whether the accused is the owner of the automobile, or exercises dominion and control over it; (5) whether the accused acted suspiciously before or during the arrest. Id.
Thus, our task in this case is to consider whether the evidence presented on the above factors, viewed in the light most favorable to the State, provided substantial evidence that appellant constructively possessed the bottle of "Purple Passion" alcohol found in the car. We note that Lee testified that appellant was the driver of the car. Further, Lee's testimony was that the bottle was "out in the open," between the front seats, and accessible to appellant. Appellant was also under the influence of alcohol. Taken together, this evidence links appellant to the bottle of "Purple Passion," and consequently, we conclude that substantial evidence supported appellant's delinquency adjudication.
Affirmed.
Stroud, C.J., and Vaught, J., agree.
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