Smithson v. State

Smith, Presiding Judge.

John Lewis Smithson was charged with manufacturing marijuana and attempting to distribute marijuana following the discovery of several patches of marijuana plants growing in the wooded lot behind his home. The jury deadlocked on the attempt to distribute count (which was then dismissed) but found Smithson guilty of manufacturing marijuana. On appeal, Smithson argues that the trial court should have granted his motion to suppress because the warrantless search and seizure by police was within the curtilage of his home. We disagree and affirm.

“Whether evidence is found…