Regan v. State

DAVIS, Justice.

[¶1] A jury convicted Appellant Patrick J. Regan of felony possession of marijuana. On appeal, he contends that the evidence was insufficient to support his conviction in three respects. We agree with one of those contentions and therefore reverse his conviction for felony possession. However, we find the evidence sufficient to support the lesser included offense of misdemeanor possession and remand for resentencing on that offense.

ISSUE

[¶2] Was the evidence presented at trial sufficient to support a verdict that Regan constructively possessed a felony amount of marijuana?

FACTS

[…