State of Missouri vs. Francis Henry Kempker

Cases

• in state v jackson 304 sw3d 791

  In State v. Jackson, 304 S.W.3d 791

  cited
• see state v mccall 412 sw3d 370

  See State v. McCall, 412 S.W.3d 370

  cited
• state v bacon 156 sw3d 372

  State v. Bacon, 156 S.W.3d 372

  cited
• state v carl 389 sw3d 276

  State v. Carl, 389 S.W.3d 276

  distinguished
• state v clark 490 sw3d 704

  State v. Clark, 490 S.W.3d 704

  cited
• state v mccall 412 sw3d 370

  State v. McCall, 412 S.W.3d 370

  distinguished
• state v monis 41 sw3d 494

  State v. Monis, 41 S.W.3d 494

  cited
• state v nash 339 sw3d 500

  State v. Nash, 339 S.W.3d 500

  cited
• state v patterson 489 sw3d 907

  State v. Patterson, 489 S.W.3d 907

  cited

1. Issue: Whether the evidence was sufficient to show that the alleged controlled substance found on Mr. Kempker's person was methamphetamine or that he actually possessed methamphetamine.

   Yes, the lab report, admitted by stipulation, and the unchallenged evidence bag label indicating recovery from Mr. Kempker's pocket, provided sufficient evidence for the trial court to find actual possession of methamphetamine.

   Standard of review: sufficiency of the evidence

2. Issue: Whether the evidence was sufficient to convict Mr. Kempker of constructively possessing lorazepam.

   No, because there were no additional factors to buttress an inference that Mr. Kempker had knowledge of the lorazepam's presence, given joint possession of the premises, the pills being concealed in a drawer, and not commingled with his personal belongings.

   Standard of review: sufficiency of the evidence