Carlson v. State

Smith, Judge.

Gary Carlson was convicted of the offense of misdemeanor possession of marijuana. After the denial of his motion for new trial, Carlson filed this appeal to challenge two evidentiary rulings by the trial court and the court’s refusal to give two requested jury instructions.

When viewed in a light most favorable to the verdict, the evidence showed the following. While on bicycle patrol, Officer David Meadow observed Carlson and another person behind some bushes bordering a bank parking lot and near an automatic teller machine. As Officer Meadow immediately moved closer to…