State v. Mischanko, 52734
| Decision Date | 22 December 1987 |
| Docket Number | No. 52734,52734 |
| Citation | 743 S.W.2d 867 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Samuel B. MISCHANKO, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
Terry J. Flanagan, St. Louis, for defendant-appellant.
William L. Webster, Atty. Gen., Scott Templeton, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
Defendant was found guilty by the court of possession of a controlled substance and sentenced to a term of two years' imprisonment. He appeals; we affirm.
The state's evidence was that on September 20, 1985, police obtained a warrant to search the mobile home residence of defendant and his wife Karen at 22 Riverside Drive, Arnold, Missouri. When officers arrived at 4:20 p.m. that day, defendant was in the front yard of the residence working on a car. One officer showed defendant the warrant and told him they were going to search the mobile home.
Officers entered through the front door into the living room and found defendant's brother Freddy sitting on the couch and Freddy's wife Lorna in a chair passing money back and forth across a coffee table. A metal tray of marijuana was discovered under the couch. The two bedrooms were at opposite ends of the mobile home. One of the officers went to the rear bedroom and returned to the living room with Lester Kraus and Larry Snyder, both about 17 years of age. 1 At the front of the mobile home were the elevated master bedroom and sunken bathroom. The only access to the master bedroom and bathroom was by way of a door in the living room. Three steps went up from the living room into the bedroom and, on the opposite side of the bedroom, three steps went down into the sunken bathroom. Officers entered the master bedroom and went down the steps into the sunken bathroom. They pulled out the steps that led down into the bathroom and observed bags of vegetation. At this time defendant, who had remained outside, was arrested. No controlled substances were found on him.
In the master bedroom officers found bags of vegetation behind the headboard of the water bed. On a night stand next to the bed officers found prescription medicine bottles with the name of Karen Mischanko on the labels and a jewelry box that contained a small amount of marijuana. In a drawer under the bed was a plastic bag containing loose green vegetation, one hand-rolled cigarette, a small "postal" scale, small plastic bags, and cigarette rolling papers. The vegetation found under the bedroom steps, behind the headboard, and in the drawer beneath the bed was seized and later identified to be marijuana. In the master bedroom closet officers found men's and women's clothing.
One of the officers involved in the search of the mobile home and arrest of defendant had gone to the residence in December 1983 to investigate a reported burglary. At that time defendant took the officers through the mobile home and identified the master bedroom as his and his wife's. Officers observed the mobile home from December 1983 until September 1985 and defendant was seen outside the home some "6 to 10 times." 2
In his sole point on appeal, defendant contends the evidence was insufficient to support a conviction for possession of a controlled substance. When a criminal defendant waives trial by jury, the findings of the court have the force and effect of a jury verdict. Appellate review of the trial court's findings is in the same manner as a review of a jury verdict. Thus, we will affirm the finding if it is supported by...
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...ready access to the drugs tends to show conscious possession. State v. Wilkerson, 796 S.W.2d 388, 396 (Mo.App.1990); State v. Mischanko, 743 S.W.2d 867, 869 (Mo.App.1987); cf. Barber, 635 S.W.2d at Although Purlee said that he merely tossed his bag on the floor in the back of the van from t......
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...of car). The court will consider the totality of the circumstances when determining the sufficiency of the evidence. State v. Mischanko, 743 S.W.2d 867, 868-69 (Mo.App.1987). Here the presence of drug paraphernalia and small quantities of marijuana in several locations throughout defendant'......
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