Futch v. State

DANAHY, PAUL W., (Senior) Judge.

James Futch challenges his judgment and sentence for possession of methamphetamine. He argues that there was insufficient evidence to support the conviction. We agree.

Futch was initially charged with attempted sale of methamphetamine. At the close of the State’s case, the trial court granted Futch’s motion for judgment of acquittal on the attempted sale and allowed the case to proceed to the jury on the offense of possession of methamphetamine. The State’s evidence showed that the police had seized a mirror, with a white powdery substance on it, from Futeh’s…