Thomas v. State

SHARP, Judge.

Thomas appeals from his conviction and sentence for possession of cocaine1 on the ground that the trial court erred in failing to grant his motion for acquittal because the circumstantial evidence was insufficient to establish his knowledge and possession of the cocaine. He also asserts the trial court erred in assessing costs against him without giving him notice and making a determination he had the ability to pay them. We affirm the conviction but strike the portion of the order appealed which imposes costs.

The state’s evidence at trial established that at approximately 6:30…