SCOVT vacates conviction under Rule 12(d) for lack of evidence of knowing possession of drug found in car

State v. Robert Scales, 2019 VT 7 [filed 2/2/2019]

REIBER, C.J. Defendant Robert Scales appeals the trial court’s denial of his motion to suppress and dismiss and his motion to dismiss for lack of a prima facie case. We reverse.

We agree with defendant that there was insufficient evidence to show he had any connection with the drugs except for his presence in the car. If anything, the evidence presented at the hearing—which included testimony that the bag also contained female clothing and a parking ticket associated with the driver—tended to show that the bag and its contents did not belong to defendant. The permissive inference alone, or taken together with the court’s findings, were insufficient to establish guilt or an element of the offense. See V.R.E. 303(d).

Thus, the State failed to meet its burden under Rule 12(d), and the court erred in denying the motion to dismiss for lack of a prima facie case. The motion to dismiss is reversed and the defendant’s conviction is vacated.