Asbell v. State

Birdsong, Judge.

Wynton Asbell appeals from his conviction of “Unlawfully have growing between 150 and 200 marijuana plants, a controlled substance, in violation of the Georgia Controlled Substances Act.” Held:

1. We reverse. The appellant filed a motion pursuant to Code Ann. § 27-1303, demanding a copy of any and all scientific or laboratory reports to be used as evidence by the state. Code Ann. § 27-1303 requires this request to be complied with at least ten days prior to trial. The state failed to produce to appellant the crime lab analysis of the suspect plants until the morning of the…