State v. Stewart

Syllabus

A jury convicted Terrance Edward Stewart of distribution of heroin and two crimes based on his knowing possession of illegal drugs: trafficking in heroin and what we commonly refer to as \simple possession\ of oxycodone. We hold the trial court's jury instruction regarding the definition of constructive possession and the explanation of an inference of \knowledge and possession\ was erroneous. We reverse the trafficking and simple possession convictions and remand those charges for a new trial. However, because the erroneous jury instruction did not prejudice Stewart on the distribution charge, we affirm the distribution conviction.