State v. Johnson

Citations

• 2023 Ohio 2638

Syllabus

Jury Instructions Constructive Possession Manifest Weight R.C. 2925.11(A). Constructive possession exists where a person is conscious of an object's presence and is able to exercise dominion and control over the item. The person need not have immediate physical control over the item. Close proximity between a person and a controlled substance is not, by itself, sufficient to establish constructive possession but can potentially be some evidence of constructive possession. If a defendant fails to object to the jury instructions before the trial court, the plain error standard of review applies to a challenge to the jury instructions on appeal.