Harrison v. State

MILLER, Presiding Judge.

Billy Harrison is appealing a ninety-day penalty imposed upon him for a conviction based on possession of drug paraphernalia, a Class A misdemeanor (IND.CODE 85-48-4-8.3). He contends the State failed to provide sufficient evidence that the objects retrieved during a search of his apart méent-a pipe, cigarette papers, two scales-were intended to be used for "enhancing the effect of a controlled substance." IC 35-48-4-8.8(a)(8). We agree and reverse the jury verdict based thereon.

FACTS

On April 20, 1982, the Terre Haute Police Department served a search warrant on…