State v. Gasperino

LOWENSTEIN, Chief Judge.

A jury convicted defendant Michael Gas-perino of possession of a controlled substance with intent to distribute in violation of § 195.211, RSMo Cum.Supp.1993. Gas-perino received a five-year prison, sentence in accordance with the jury’s verdict. The defendant’s sole point on appeal claims the trial court erred in denying his motion for judgment of acquittal. He contends the State presented insufficient evidence to 1) identify the substance as marijuana; and 2) show his possession. Section 195.010(33), RSMo Cum.Supp.1993 defines possession as follows:

“(33) “Possessed”…