State v. Deadmon

NANCY STEFFEN RAHMEYER, Chief Judge.

Billy D. Deadmon (“Appellant”) was charged, by felony information, with possession of a chemical with the intent to create a controlled substance, pursuant to section 195.420. 1 He was convicted of the charge following a jury trial and, after finding him to be a prior offender, the trial court subsequently sentenced him to four years imprisonment. Appellant now appeals, challenging the propriety of the search and the sufficiency of the evidence. We reverse.

On the morning of May 25, 2002, Appellant and Eric Phillips (“Phillips”) were traveling south on…