Boswell v. State

The appellant, Mark Vincent Boswell, was convicted, after a bench trial in district court, of possession of marijuana in the second degree, a violation of § 13A-12-214(a), Code ofAlabama 1975. He was sentenced to one year in prison, which was suspended for two years, to be spent on probation. This appeal comes directly to us without benefit of a trial de novo in circuit court due to our Supreme Court's granting appellant's petition for writ of mandamus so that he could appeal his district court conviction directly to this court.558 So.2d 918.

On appeal the appellant argues that the state's…