People v. Johnson

Defendant was convicted, after jury trial, of unlawful possession with intent to deliver heroin. State failed to present evidence that Defendant intended to deliver heroin under the theory State presented to jury. State presented sufficient evidence that Defendant had constructive possession of heroin as a principal, in that he exercised dominion over the heroin. State's evidence did not support its theory that Defendant shared his passenger's intent to deliver. Intent to deliver as a mental state can be imputed only where State's theory of case is accountability. (KNECHT, concurring; APPLETON, concurring in part and dissenting in part.)