PEOPLE OF MI V ROLAND BOWERS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED September 25, 1998 Plaintiff-Appellee, v No. 200306 Recorder’s Court LC No. 96-005343 ROLAND BOWERS, Defendant-Appellant. Before: Holbrook, Jr., P.J., and Wahls and Cavanagh, JJ. MEMORANDUM. Defendant appeals as of right his bench trial convictions for possession of less than 25 grams of cocaine, MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v), and possession of marijuana, MCL 333.7403(2)(d); MSA 14.15(7403)(2)(d). We affirm. Defendant asserts that the evidence presented at trial was insufficient to support his convictions. We disagree. When determining whether sufficient evidence has been presented to sustain a conviction, a court must view the evidence in a light most favorable to the prosecution and determine whether any rational finder of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt. People v Wolfe, 440 Mich 508, 515; 489 NW2d 748 (1992). Defendant asserts that there was insufficient evidence that he possessed drugs to support his convictions. A person need not have actual physical possession of a controlled substance to be guilty of possessing it. Possession may be either actual or constructive. Id. at 520. The exercise of control over the substance is sufficient to support a conviction where that control establishes a link between the person charged and the contraband discovered. People v Vaughn, 200 Mich App 32, 36; 504 NW2d 2 (1993). Where a police officer observed defendant picking up the bag containing the drugs, removing a substance, and replacing the bag, there was sufficient evidence to support a finding that defendant possessed the drugs found in the bag after his arrest. -1­ Affirmed. /s/ Donald E. Holbrook, Jr. /s/ Myron H. Wahls /s/ Mark J. Cavanagh -2­

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