Ex Parte Bohannon

The defendant, Donald Ray Bohannon, was convicted of possessing in excess of 2.2 pounds of marijuana in violation of Ala. Code 1975, § 20-2-80. The trial court sentenced Bohannon to ten years in the state penitentiary and fined him $25,000.00. The Court of Criminal Appeals affirmed the conviction, 515 So.2d 153 (1987), and we granted certiorari. We reverse.

Bohannon was arrested after the Mobile City Police searched his mobile home pursuant to a search warrant and found a number of bags of a green leafy plant presumed to be marijuana. A Mobile County grand jury indicted Bohannon, charging that: