State v. Franks

Michael James Franks appeals his conviction for distribution of marijuana, contending the trial court erred in refusing to instruct the jury on the lesser-included offense of simple possession. We affirm. 1

FACTS

On April 28, 2004, Agent Neysa Diana Caron of the Pickens County Sheriffs Department, accompanied by a confidential informant, went to a trailer at 36 Indian Creek Drive in Pickens County for the purpose of arranging an undercover buy. When they reached the address, Caron noticed a woman at the window of the trailer facing their vehicle. After the informant spoke with the woman, who…