State v. Rhodes

Ralph Rhodes appeals his misdemeanor conviction for possession of marijuana following a trial by jury in which he was also acquitted of delivery of marijuana. He argues three issues: (1) that he was placed in double jeopardy by having been charged with both delivery and the lesser-included offense of possession; (2) that the evidence was insufficient to sustain the possession charge, inasmuch as it merged into the delivery charge of which he was acquitted; and (3) that the court should have declared a mistrial when a police dispatcher for the Town of Forks appeared as a prosecution witness…