California, United States of America
The following excerpt is from People v. Garrett, C079468 (Cal. App. 2017):
to find defendant possessed the contraband. Although knowledge and access alone were insufficient to prove possession (People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417 [mere proximity to a weapon, standing alone, insufficient to establish possession]), exercising control over the items personally or through someone else was sufficient. "Possession may be physical or constructive, and more than one person may possess the same contraband." (People v. Williams (2009) 170 Cal.App.4th 587, 625 [possession of firearms and methamphetamine].) " 'Conviction is not precluded . . . if the defendant's right to exercise dominion and control over the place where the contraband was located is shared with another. [Citations.]' " (Ibid.)
Here, defendant admitted to police that he was the only person who lived in the house where the guns and ammunition were found. (People v. Osuna (2014) 225 Cal.App.4th 1020, 1030 [noting that a parolee who lived alone in a house with a firearm next to his bed would be "in possession of the firearm" because it is under his dominion and control].) Defendant also admitted knowing both the guns and the ammunition were in the house.
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