## Facts

- Patrick J. Regan and his roommate, Shayne Trujillo, drove from Denver to Gillette, Wyoming.
- Police stopped Regan’s car in Gillette after observing driving behavior the officer considered suspicious.
- Police found more than one pound of marijuana and related paraphernalia in the car.
- Regan owned the car and admitted that less than one-quarter ounce of the marijuana was his; the remainder belonged to Trujillo.
- Evidence indicated Trujillo used the trip to sell marijuana at multiple locations; Regan drove but stayed in the car and refused to participate in sales.
- The State charged and tried Regan for felony marijuana possession on the theory that he constructively possessed the entire amount found in the vehicle.

## Issues

1. Whether the evidence was sufficient to prove Regan constructively possessed more than three ounces of marijuana (the felony-quantity threshold).
2. Whether, if the felony conviction lacked sufficient evidence, the record supported conviction and resentencing on the lesser-included offense of misdemeanor possession.

## Decision

- The Wyoming Supreme Court reversed Regan’s felony conviction for insufficient evidence of constructive possession of a felony amount of marijuana.
- The court held the evidence supported the lesser-included offense of misdemeanor possession based on Regan’s admission to possessing a small personal amount.
- The case was remanded to the district court for entry of judgment and resentencing on misdemeanor marijuana possession.

## Legal Principles

- Evidence is sufficient only if, viewed in the light most favorable to the State, a rational factfinder could find each element beyond a reasonable doubt.
- Constructive possession requires proof that the defendant had both (1) the power to exercise dominion and control over the controlled substance and (2) the intent to do so.
- Mere proximity to drugs, presence in a vehicle containing drugs, association with the actual possessor, or ownership of the vehicle—without evidence of intent to control the contraband—is insufficient to establish constructive possession.
- When felony liability depends on a quantity threshold, the State must prove the defendant possessed that threshold amount, not merely some lesser amount.
- An appellate court may reverse a conviction for insufficient evidence on a greater offense and direct entry of judgment and resentencing on a clearly supported lesser-included offense.

## Conclusion

The court concluded that ownership of the vehicle and Regan’s presence during Trujillo’s drug-selling trip showed opportunity to control the marijuana but did not prove Regan’s intent to control Trujillo’s felony-quantity stash; because Regan admitted possessing a small amount, the felony conviction was reversed and the case remanded for misdemeanor judgment and resentencing.


Regan v. State, 350 P.3d 702 (Wyo. 2015)