concurring in part and dissenting in part:
I fully concur in the main opinion’s treatment of the issues raised regarding Layman’s conviction for driving under the influence. I dissent, however, from the reversal of Layman’s convictions for possession of a controlled substance with intent to distribute and possession of paraphernalia. I believe the main opinion in this case will render it nearly impossible to prove constructive possession in the future. That message certainly will not be lost on those involved in the drug trade. Users will avoid prosecution by ensuring that contraband is never found on their persons, and dealers will simply hire others to carry their goods for them. In my opinion, constructive possession must remain a viable law enforcement tool.
The trial court was convinced beyond a reasonable doubt that Layman constructively possessed the contraband.1 At least three of the evidentiary factors that tend to show *793constructive possession are present. Those factors include: 1) presence of the drug or paraphernalia in a place over which the defendant has special control, 2) incriminatiiig behavior on the part of the defendant, and 3) the defendant’s use of the drugs. See, e.g., State v. Fox, 709 P.2d 816, 319 (Utah 1985); State v. Salas, 820 P.2d 1386, 1388 (Utah Ct.App.1991). The trial judge recognized the presence of each of these factors in the evidence admitted at trial. See, e.g., State v. John, 586 P.2d 410, 412 (Utah 1978) (noting fact finders “may consider all.of the facts affirmatively shown, as well as any unexplained areas, and draw whatever inferences may fairly and reasonably be drawn therefrom in the light of their own experience and judgment”).
Regarding the first factor, the evidence showed that the contraband was transported in Layman’s car. The evidence further showed that Layman drove his ear from Ogden to Vernal (a distance of over 200 miles), and that the entire purpose of the trip was to sell drugs. The contraband remained in Layman’s car throughout the trip, except when Layman, his father, and Gina divided the drugs in the Vernal motel room. The main opinion criticizes the State for not “ex-elud[ing] the possibility that Layman may have just been doing his father a favor by driving to Vernal, or that Layman may have agreed to drive because he wanted to see his sister, who apparently lives in Vernal and to whose house Layman was heading at the time of his traffic stop.” Layman never raised those alternative hypotheses at the trial, but even if he had, there is no eviden-tiary basis for them. Gina testified that the traffic stop occurred at 3:00 a.m., and that Layman said he “wanted to get back to Salt Lake by 8:30 to pick up his son and take him to school.” From the facts presented, it seems highly unlikely that a fact finder could conclude that Layman’s purpose in driving to Vernal was merely to do his father a favor or to visit with his sister in the middle of the night. The evidence established that the purpose of Layman’s trip was to sell drugs, and the trial court reasonably concluded that the drugs were present in a place over which Layman held special control.
Regarding the second factor, the arresting officer testified that while he was trying to discover what was in the pouch in the waistband of Gina’s pants, Layman was standing at the rear of the car four to five feet away. Although there was no verbal exchange between Layman and Gina at the time, a very nervous Gina refused to relinquish the pouch to the officer or to tell him what was in it. While Gina looked nervously toward Layman for guidance, the officer saw Layman “shaking his head in a negative fashion back and forth.” Thus, Layman’s incriminating behavior demonstrated that he had some control over the drugs.
As to the third factor, the evidence showed that Layman had “a lot of methamphetamine” in his system when stopped by the officer. In concluding that Layman had used the contraband, the trial judge relied on the toxicology report, the blood test, and the testimony of the officers. The officers testified that Layman had fresh needle marks on his arms, which was consistent with the intravenous injection of the methamphetamine found in his system, and that the pouch contained several syringes, two of which had been used. Thus, Layman’s use of the drugs also supports the finding of constructive possession.
In reversing Layman’s convictions on the possession charges, the main opinion declares that the State failed to meet its burden to disprove every reasonable alternative hypothesis. However, the reasonable alternative hypothesis rule does not apply in cases where direct evidence is present. See State v. Romero, 554 P.2d 216, 219 (Utah 1976) (“[T]he circumstances must reasonably preclude every reasonable hypothesis of defendant’s innocence, but this is not controlling when only part of the evidence is circumstantial.”). In Romero, the defendant was identified by two eyewitnesses, which “constitute[d] direct evidence from which other facts could be presumed.” Id. at 219-20. Much of the evidence in this ease was likewise presented as direct evidence. The main opinion recognizes that “the direct evidence shows that Layman used his car to drive Hobart and Gina to Vernal.” Layman must have recognized the presence of direct evi-*794denee because he never asserted any alternative hypotheses at trial, nor does he ever mention the alternative hypothesis rule on appeal.
In any event, even if the alternative hypothesis rule did apply in this case, the State need only disprove alternative hypotheses raised at trial. The State’s burden at trial is “proving beyond a reasonable doubt each element of an offense, including the absence of an affirmative defense once the defense is put into issue.” State v. Hill, 727 P.2d 221, 222 (Utah 1986); see also State v. Hamilton, 827 P.2d 232, 236 n. 1 (Utah 1992) (“With regard to the ‘no reasonable alternative hypothesis’ theory upon which defendant proceeds, we note that this court has previously indicated that this is only one way of stating the prosecution’s burden of proof, which requires proof beyond a reasonable doubt.”). Only when the defendant asserts an alternative hypothesis, does the State bear the burden of disproving it. The main opinion recognizes that in State v. Blubaugh, 904 P.2d 688, 694-95 (Utah Ct.App.1995) (cert. denied, 913 P.2d 749 (Utah 1996)), the jury was presented with conflicting evidence supporting the different hypotheses. The main opinion also notes that in John, 586 P.2d at 412, the defendant presented an alternative hypothesis that conflicted with State’s evidence. Because those alternative hypotheses were raised at trial by the defense, the State was able to present evidence to rebut them. In this case, however, none of the alternative hypotheses raised by the main opinion were raised by Layman at trial or even in his appellate brief. The main opinion imagines alternative hypotheses for the first time on appeal, and then proceeds to chastise the State for failing to rebut them. This approach to appellate review is unprecedented.2
Even if Layman had raised a reasonable alternative hypothesis at trial, “[t]he existence of one or more alternate reasonable hypotheses does not necessarily prevent the [fact finder] from concluding that defendant is guilty beyond a reasonable doubt.” Blu-baugh, 904 P.2d at 695; see also State v. Carlson, 635 P.2d 72, 74 (Utah 1981) (“Constructive possession may be proved by circumstantial evidence, so long as defendant’s guilt is established beyond a reasonable doubt.”). Furthermore, the supreme court has determined that the reasonable alternative hypothesis rule
does not apply to each circumstance separately, but is a matter within the prerogative of the jury to determine from all of the facts and circumstances shown; and if therefrom they are convinced beyond a reasonable doubt of the defendant’s guilt, it necessarily follows that they regarded the evidence as excluding every other reasonable hypothesis.
State v. Schad, 24 Utah 2d 255, 257, 470 P.2d 246, 247 (1970); see also Blubaugh, 904 P.2d at 695 (“ ‘The rules of circumstantial evidence do not require that the circumstances should to a moral certainty actually exclude every hypothesis that the act may have been committed by another person, but the hypothesis intended is a reasonable one consistent with the circumstances and facts proved.’ ”) (quoting State v. Tanner, 675 P.2d 539, 550-51 (Utah 1983)).
“When reviewing a bench trial for sufficiency of the evidence, we must sustain the trial court’s judgment unless it is ‘against the clear weight of the evidence, or if the appellate court otherwise reaches a definite and firm conviction that a mistake has been made.’” State v. Goodman, 763 P.2d 786 (Utah 1988) (quoting State v. Walker, 743 P.2d 191, 193 (Utah 1987)). “The reason for deference to the trial court is clear. We are wholly unable to glean from the typewritten record ‘body language’ factors that may have, weighed heavily in the judge’s decision.” State v. Castle, 951 P.2d 1109, 1113 n. 3 (Utah Ct.App.1998); see also State v. Shaba-ta, 678 P.2d 785, 791 (Utah 1984) (noting *795appellate court cannot substitute its view of evidence for that of fact finder). The trial court obviously discounted the inconsistencies in Gina’s testimony and found that Layman was guilty of the drug charges beyond a reasonable doubt.
Unlike my colleagues, I believe the evidence that Layman constructively possessed the contraband is sufficient to sustain the trial court’s judgment. I would therefore affirm all of Layman’s convictions.
. The main opinion correctly states our standard for reviewing a bench trial as "recit[ing] the facts from the record most favorable to the findings of the trial court.” State v. Moosman, 794 P.2d 474, 476 (Utah 1990). However, when reciting the facts in this case, the main opinion ignores the findings of the trial court and consistently recites the facts most favorable to Layman.
. The only Utah cáse that even arguably might support the main opinion is State v. George, 25 Utah 2d 330, 481 P.2d 667 (1971). George is a three-two split decision, with scant facts, which has never been cited in any reporter in its twenty-seven year existence. Hanging solely on George, the main opinion boldly asserts that the trial court based its decision on "an inference upon an inference,” without ever explaining how that standard applies in this case. In any event, I believe the trial court in this case drew permissible inferences from the direct evidence, and not from other inferences.