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UNPUBLISHED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.
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Affirmed.
/s/ Donald E. Holbrook, Jr.
/s/ Myron H. Wahls
/s/ Mark J. Cavanagh
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