Evans v. State

The defendant appeals his judgment and sentence for trafficking in oxycodone and possession of marijuana less than 20 grams. He argues the court erred in denying his motion for judgment of acquittal on the marijuana charge.1 We agree and reverse on that charge only.

Due to an ongoing investigation, law enforcement was watching a house where the defendant was seen exiting. A couple of weeks before the transaction giving rise to his arrest, an undercover detective met the defendant as he emerged from the house under surveillance. Subsequently, the detective called the defendant’s cell phone and…