PEOPLE OF MI V KENNETH G STRAUSS
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 9, 2004
Plaintiff-Appellee,
v
No. 248641
Wayne Circuit Court
LC No. 02-006186-01
KENNETH G. STRAUSS,
Defendant-Appellant.
Before: Murray, P.J., and Sawyer and Smolenski, JJ.
MEMORANDUM.
Defendant appeals as of right his conviction of possession of less than twenty-five grams
of cocaine, MCL 333.7403(2)(a)(v), entered after a bench trial. He was sentenced to three years’
probation. We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
On appeal, defendant argues that there was insufficient evidence to support his
conviction. When reviewing a challenge to the sufficiency of the evidence in a bench trial, we
view the evidence presented in a light most favorable to the prosecution, and determine whether
a rational trier of fact could find that the essential elements of the crime were proven beyond a
reasonable doubt. The trier of fact may make reasonable inferences from direct or circumstantial
evidence in the record. People v Petrella, 424 Mich 221, 268-270; 380 NW2d 11 (1985); People
v Vaughn, 186 Mich App 376, 379-380; 465 NW2d 365 (1990). A trial court’s findings of fact
are reviewed for clear error. MCR 2.613(C).
Possession of a controlled substance exists when a defendant has dominion or control
over the substance with knowledge of its possession or character. Possession may be actual or
constructive and may be proven by circumstantial evidence and reasonable inferences drawn
from the evidence. People v Nunez, 242 Mich App 610, 615; 619 NW2d 550 (2000). The
critical question is whether the defendant had dominion or control over the substance. Mere
presence is insufficient. Rather, some additional link between the defendant and the controlled
substance must be shown. People v Fetterley, 229 Mich App 511, 515; 583 NW2d 199 (1998).
In this case, the police officers who executed the traffic stop on the vehicle in which
defendant was riding observed defendant reach into his pocket with his left hand, and then place
his hand behind his back. One officer testified that he saw a clear plastic bag in defendant’s
hand after defendant removed his hand from his pocket. An immediate search of the area in
-1-
which defendant placed his hand revealed a clear plastic bag containing crack cocaine. The trial
court, sitting as the finder of fact, was entitled to disregard the inconsistencies in the officers’
testimony and conclude that the testimony was credible. People v Marji, 180 Mich App 525,
542; 447 NW2d 835 (1989). The evidence, both direct and circumstantial, viewed in a light
most favorable to the prosecution, was sufficient to support defendant’s conviction of possession
of less than twenty-five grams of cocaine. Nunez, supra; Fetterley, supra.
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Michael R. Smolenski
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.