Evidence
For an
appellant to prevail on a claim of insufficient evidence, he must show that no
rational trier of fact, viewing the evidence in the light most favorable to the
prosecution, could have found the essential elements of the crime beyond a reasonable
doubt. Suani v.
A.S.G., 1 ASR3d 1(1997).
In
evaluating the sufficiency of the evidence the inquiry is no whether the
evidence excludes every hypothesis except guilt, but whether the trial court
could reasonably arrive at its verdict. Suani v. A.S.G., 1 ASR3d 1(1997).
To establish
possession of a controlled substance the government must present evidence that
the defendant had dominion and control over the contraband. Suani v. A.S.G., 1 ASR3d 1(1997).
Mere fact
appellant was defensive and angry under police interrogation and that he lived
90-120 feet from the two marijuana plants growing in nearby bush land is
insufficient evidence to permit a conclusion beyond a reasonable doubt that the
appellant was in possession of a controlled substance. . Suani v.
A.S.G., 1 ASR3d 1(1997).