WELCH, J.
The defendant, Kendall D. Cloud, was charged by bill of information with one count of felon in possession of a firearm
On May 13, 2011, the defendant was on parole. He was living in his grandmother's trailer on Sylve Road in Slidell. On that date, Department of Public Safety and Corrections Probation and Parole Officer Letitia Moore conducted a residence check, during which she discovered a gun outside the trailer, and cocaine in the defendant's grandmother's car.
In his sole assignment of error, the defendant argues the testimony of Probation and Parole Officer Letitia Moore was insufficient to support the conviction on count II without corroborating evidence.
The standard of review for sufficiency of the evidence to uphold a conviction is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could conclude the State proved the essential elements of the crime and the defendant's identity as the perpetrator of that crime beyond a reasonable doubt. In conducting this review, we also must be expressly mindful of Louisiana's circumstantial evidence test, which states in part, "assuming every fact to be proved that the evidence tends to prove," in order to convict, every reasonable hypothesis of innocence is excluded.
When a conviction is based on both direct and circumstantial evidence, the reviewing court must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and the facts reasonably inferred from the circumstantial evidence must be sufficient for a rational juror to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime.
As applicable here, it is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance as classified in Schedule II. La. R.S. 40:967(C). Cocaine is a controlled dangerous substance as classified in Schedule II.
The State is not required to show actual possession of drugs by a defendant in order to convict. Constructive possession is sufficient. A person is considered to be in constructive possession of a controlled dangerous substance if it is subject to his dominion and control, regardless of whether or not it is in his physical possession. Also, a person may be in joint possession of a drug if he willfully and knowingly shares with another the right to control the drug. However, the mere presence in the area where narcotics are discovered or mere association with the person who does control the drug or the area where it is located is insufficient to support a finding of constructive possession.
A determination of whether or not there is "possession" sufficient to convict depends on the peculiar facts of each case. Factors to be considered in determining whether a defendant exercised dominion and control sufficient to constitute possession include his knowledge that drugs were in the area, his relationship with the person found to be in actual possession, his access to the area where the drugs were found, evidence of recent drug use, and his physical proximity to the drugs.
Once the crime itself has been established, a confession alone may be used to identify the accused as the perpetrator.
Officer Moore testified her position gave her the authority to search the home, the person, or the property of those persons she was supervising. On May 13, 2011, she was supervising the defendant, a parolee. Officer Moore received information the defendant "was doing things that he should not have been doing while on parole." Accordingly, Officer Moore decided to conduct a "residence check" of the defendant's residence. Officer Moore requested assistance from the St. Tammany Parish Sheriffs Department and went to the defendant's residence. As Officer Moore and the deputies approached the defendant's residence, she saw Mario Cloud, the defendant's uncle, sitting at a table, cleaning a gun. Mario Cloud stated he was cleaning the gun for the defendant, who was "in the house." Officer Moore went to the defendant's residence, handcuffed him, searched the residence, and brought the defendant outside. A dog trained to detect the odor of narcotics alerted to the area around the driver's-side door of defendant's grandmother's vehicle. Officer Moore told the defendant, "[I]f there is any in there, tell me now so the dog doesn't damage your grandmother's car." According to Officer Moore, the defendant replied "[I]t's in the door." Thereafter, Officer Moore recovered 2.31 grams of cocaine from a compartment on the inside of the driver's-side door of the defendant's grandmother's vehicle. Officer Moore indicated she then questioned the defendant about the drugs and the gun, and he stated, "[Y]eah, they're mine."
After a thorough review of the record, we are convinced that viewing the evidence in the light most favorable to the State, any rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of possession of cocaine. The verdict rendered in this case indicates the jury rejected the defendant's theory that the cocaine found in the defendant's grandmother's vehicle belonged to someone other than the defendant. When a case involves circumstantial evidence and the jury reasonably rejects the hypothesis of innocence presented by the defense, that hypothesis falls, and the defendant is guilty unless there is another hypothesis that raises a reasonable doubt.
This assignment of error is without merit.
For the foregoing reasons, the defendant's conviction, habitual offender adjudication, and sentence on count II are affirmed.