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This section contains the nature of the case and procedural background.

The police entered the bedroom of an apartment and observed D lying on a bed. d's cousin was standing next to a dresser. They found crack cocaine on top of the dresser and in a dresser drawer. D's cousin pled guilty to possessing the cocaine with intent to sell. At trial, the cousin testified that only he lived in the bedroom and that he had placed the drugs on the dresser and in the drawer while D was sleeping in one of the two beds in the bedroom. He testified that that D was asleep when the police entered the bedroom and that D was not aware of the drugs. The grandmother, who rented the apartment, testified that the cousin lived in the bedroom, but that D did not. D was a frequent visitor. She saw D asleep in the bedroom when the police entered. There was no evidence that D lived in the bedroom, had control of it, or was aware of the presence of illegal drugs. D was convicted and appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.