State v. Ritter

Citations

• 2024 Ohio 1336

Syllabus

Sufficient Evidence Manifest Weight Aggravated Possession of Drugs. Possession can be actual or constructive. Constructive possession exists where a person is able to exercise dominion and control over an item even if he or she is not found in physical control of the item in question. The State may establish constructive possession through circumstantial evidence alone. Mere physical proximity is not sufficient to establish constructive possession. However, close physical proximity can be used to support a finding of constructive possession if other facts that suggest dominion and control are presented at trial.