The Indiana Court of Appeals upheld on rehearing a Clark County man’s convictions of drug dealing and possession, among other charges.
The Court of Appeals ruled in Canon Harper v. State of Indiana, No. 10A01-1012-CR-687, that Harper constructively possessed cocaine and other drugs and paraphernalia in a motel room and in his car after his arrest.
Harper was convicted of dealing in cocaine, possession of cocaine, dealing in a narcotic drug, and possession of a narcotic drug, all Class A felonies; two counts of resisting law enforcement, battery of a law enforcement officer, and possession of paraphernalia, all Class A misdemeanors; and maintaining a common nuisance, a Class D felony.
“The contraband in the vehicle was in close physical proximity to Harper, and the contraband in the motel was discovered relatively soon after Harper checked into the room and not long after he left and came back with a friend,” Chief Judge Margret Robb wrote in the unanimous opinion.
“Sufficient evidence existed for a reasonable finder of fact to conclude Harper constructively possessed the contraband,” the court found in reaffirming Harper’s convictions.