Campbell v. State, 8 Div. 110
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | TYSON |
| Citation | 555 So.2d 252 |
| Parties | Charles CAMPBELL v. STATE. |
| Docket Number | 8 Div. 110 |
| Decision Date | 24 February 1989 |
Page 252
v.
STATE.
Rehearing Denied March 31, 1989.
Certiorari Quashed Nov. 9, 1989
Page 253
Mark B. Craig, Decatur, for appellant.
Don Siegelman, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for appellee.
TYSON, Judge.
Charles Campbell was indicted for trafficking in cannabis, in violation of § 20-2-80, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment." The appellant was sentenced to three years' imprisonment.
On June 10, 1982, a search warrant was issued for the appellant's residence, which was a rented house trailer in Morgan County, Alabama. The police searched the appellant's residence and surrounding grounds.
A short distance behind the appellant's trailer there was an unmowed, wooded area. Along the side of a trail through the wooded area, William Debuty, an officer for the Decatur City Police, found a partially hidden red thermos approximately 18 feet from the trailer. The thermos contained 19 small packets of cannabis. The total weight of this cannabis was slightly less than one pound. The appellant's latent left index fingerprint was found on one of the small packets found inside the thermos.
James Hudson, an officer for the Morgan County Sheriff's Department, also found two large brown grocery bags containing four large packets of cannabis. This cannabis weighed in excess of three pounds. These grocery bags were found approximately 65 feet from the appellant's residence. No fingerprints were discovered on these items.
This wooded area was not owned or rented by the appellant. Several people had equal access to this wooded area.
The appellant contends that the evidence did not establish his actual or constructive possession of the two grocery bags and, thus, there was not a sufficient amount of cannabis to support his conviction for trafficking.
"The enacting clause for trafficking in cannabis reads as follows:
" 'Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of, in excess of one kilo or 2.2 pounds of cannabis is guilty of a felony, which felony shall be known as "trafficking in cannabis".' "
"Ala.Code § 20-2-80(1), (1975).
"Therefore, to make out a prima facie case, the State must prove that the accused was in possession of more than 2.2 pounds of marijuana."
Mulhern v. State, 494 So.2d 787, 789 (Ala.Crim.App.1986) (emphasis in the original).
"Possession, whether actual or constructive, has the following three attributes: (1) '[A]ctual or potential physical control, (2) intention to exercise dominion and (3) external manifestations of intent and control.' Radke v. State, 52 Ala.App. 397, 398, 293 So.2d 312, 313 (1973), aff'd. 292 Ala. 290, 293 So.2d 314 (1974). 'Constructive possession may be...
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