Smith v. State

Pope, Judge.

Lloyd G. Smith and Donald R. Starks bring this appeal from their convictions and sentences of possession of marijuana with intent to distribute. Held:

1. Defendants first enumerate as error the trial court’s denial of their motion to suppress the marijuana seized as the result of a search of their car. The apparent basis of this enumeration is the purported lack of probable cause to authorize the warrantless search. However, the trial court pretermitted the issue of probable cause, and found that defendants freely and voluntarily consented to the search of the car. Since our…