Gary v. State

James Gary was indicted for the unlawful possession of marijuana and cocaine in violation of Alabama Code 1975, §20-2-70. A jury acquitted him of possessing marijuana but convicted him of possessing cocaine. The defendant was sentenced as a habitual offender to thirteen years' imprisonment. Three issues are raised on appeal.

I

Gary challenges the sufficiency of the evidence to support the conviction. This issue was not raised at trial and is not preserved for review.

The apartment that was searched was rented by the defendant's mother. Without objection, Phenix City Police Officer Boyd Battles…