STATE OF MARYLAND v. HECTOR LEONEL GUTIERREZ
& EDGAR PEREZ-LAZARO
Court of Appeals, Battaglia, Filed Jan. 28, 2016,
Possession – Sufficient to prove possession where defendants lived in a small apartment and gun and drugs were located in various common areas throughout the apartment; both stayed in apartment; papers for both found in apartment.
(Dissent – Greene, Adkins and McDonald join – State failed to establish ownership of apartment by defendant or proximity to contraband; no evidence adduced as to length of time defendants were there)