Ex Parte Fitkin

Fredrick Francis Fitkin, Jr., was convicted of possession of marijuana in the second degree. He was sentenced to 30 days in jail; the trial court split the sentence so that Fitkin was to serve no time in jail but was to be on unsupervised probation for six months. Fitkin was also fined $200. The Court of Criminal Appeals, on December 3, 1999, affirmed, without an opinion. Fitkinv. State (No. CR-98-2023), ___ So.2d ___ (Ala.Crim.App. 1999). We granted certiorari review. Fitkin argues that the evidence presented by the State was insufficient to establish constructive possession of marijuana.

Fitk…