Linville v. State

The appellant, Toby Heath Linville, was convicted of possession of marijuana in the second degree and possession of drug paraphernalia, in violation of §§ 13A-12-214 and 13A-12-260, Code of Alabama 1975. The appellant raises two issues on appeal.

I

The appellant initially contends that the trial court erred in denying his motion for a judgment of acquittal. More specifically, the appellant argues that the State failed to present sufficient evidence to show that he was in constructive possession of the marijuana and drug paraphernalia.

§ 13A-12-214 states, in pertinent part:

"(a) A person commits…