Police officers obtained a warrant to enter the bedroom of an apartment that belonged to Jake Watson’s grandmother. When they entered the bedroom, the officers observed Watson lying on a bed. Watson’s cousin was standing next to a dresser. The officers found crack cocaine on top of the dresser and in a dresser drawer.
Watson’s cousin pled guilty to possessing the cocaine with intent to sell. Watson was also charged with, and convicted of possession of the cocaine with intent to sell.
At Watson’s trial, his cousin testified that only he lived in the bedroom, and that he had placed the drugs on the dresser and in the drawer while Watson was sleeping in one of the two beds in the bedroom. He further testified that that Watson was asleep when the police entered the bedroom and that Watson was not aware of the drugs.
The grandmother also testified that the cousin lived in the bedroom, but that the Watson did not, although he was a frequent visitor. She also saw him asleep in the bedroom when the police entered.
Additionally, there was no evidence that the Watson lived in the bedroom, had control of it, or was aware of the presence of illegal drugs.
The state convicted Watson of possession of a controlled substance. Watson appealed his conviction.