Is a conviction for unlawful possession of illegal drugs sustained if the accused had an immediate right to exercise dominion and control over the known narcotic?
California, United States of America
The following excerpt is from People v. Shoals, 10 Cal.Rptr.2d 296, 8 Cal.App.4th 475 (Cal. App. 1992):
"[A] conviction [for unlawful possession of narcotics] will be sustained if the accused had the immediate right to exercise dominion and control over the known narcotic even though his possession is constructive [citation] or joint with that of another person. [Citations.]" (People v. Sotelo (1971) 18 Cal.App.3d 9, 20, 95 Cal.Rptr. 486.)
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