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Home / Opinion Digests / Criminal Practice / Criminal Practice — Maintaining a Dwelling – ‘Resorted to’ – Residents Only – Constructive Possession (access required)

Criminal Practice — Maintaining a Dwelling – ‘Resorted to’ – Residents Only – Constructive Possession (access required)

Where defendant was charged with maintaining a dwelling “that was resorted to by persons using controlled substances,” but where the state’s evidence showed only that defendant and his housemate used drugs at their home, the state failed to prove that the dwelling was resorted to by others using drugs. We find no error in defendant’s convictions ...

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