PEOPLE OF MI V ROBIN DEE REAU
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 28, 2004
Plaintiff-Appellee,
v
No. 249537
Monroe Circuit Court
LC No. 02-032259-FH
ROBIN DEE REAU,
Defendant-Appellant.
Before: Meter, P.J., and Wilder and Schuette.
MEMORANDUM.
Defendant appeals as of right her conviction of possession of less than twenty-five grams
of cocaine, MCL 333.7403(2)(a)(v), entered after a jury trial. We affirm. This case is being
decided without oral argument pursuant to MCR 7.214(E).
On appeal, defendant argues that there is insufficient evidence to support her conviction.
In reviewing a sufficiency of the evidence question, we view the evidence in a light most
favorable to the prosecution to determine whether a rational trier of fact could conclude that the
elements of the offense were proven beyond a reasonable doubt. We do not interfere with the
jury’s role of determining the weight of the evidence or the credibility of witnesses. People v
Wolfe, 440 Mich 508, 514-515; 489 NW2d 748 (1992), amended 441 Mich 1201 (1992); People
v Milstead, 250 Mich App 391, 404; 648 NW2d 648 (2002). A trier of fact may make
reasonable inferences from direct or circumstantial evidence in the record. People v Vaughn,
186 Mich App 376, 379-380; 465 NW2d 365 (1990).
Possession of a controlled substance exists when a defendant has dominion or control
over the substance with knowledge of its possession or character. People v Nunez, 242 Mich
App 610, 615; 619 NW2d 550 (2000). Possession of a controlled substance may be actual or
constructive. The critical question is whether the defendant had dominion or control over the
substance. Mere presence is insufficient. Some additional link between the defendant and the
controlled substance must be shown. Circumstantial evidence and reasonable inferences drawn
from the evidence are sufficient to prove possession. People v Fetterley, 229 Mich App 511,
515; 583 NW2d 199 (1998).
We affirm. A person need not have actual physical possession of a controlled substance
to be guilty of possessing it. Moreover, possession may be found even when the defendant is not
the owner of the controlled substance. More than one person may actively or constructively
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possess a controlled substance. People v Hardiman, 466 Mich 417, 421; 646 NW2d 158 (2002).
A search of the vehicle defendant was driving revealed crack cocaine and drug paraphernalia
within her reach. A search of defendant’s purse revealed two pieces of a coat hanger with
cocaine residue on them and a chore boy, pieces of which are commonly used in crack cocaine
pipes as filters. Evidence that defendant had drug paraphernalia within her reach in the vehicle
supported an inference that she constructively possessed the crack cocaine found in the vehicle.
Id.; Vaughn, supra. The evidence, viewed in a light most favorable to the prosecution, supported
defendant’s conviction. Wolfe, supra.
Affirmed.
/s/ Patrick M. Meter
/s/ Kurtis T. Wilder
/s/ Bill Schuette
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