Marshall v. State

SHIELDS, Judge.

Leon W. Marshall appeals his conviction of possession of a controlled substance (marijuana) as a class D felony 1 and the determination he is a habitual substance offender. 2 He asserts the conviction is erroneous because 1) it is not sustained by sufficient evidence of his knowing possession, and his motion for mistrial was erroneously denied. He also claims error in the adjudication he is a habitual substance offender, contending the charged prior convictions are not substance offenses. 3 We affirm in part and reverse in part.

Marshall walked into some bushes by a littered…