Petion v. State

Gerald Petion appeals his convictions for possession of cocaine with intent to sell, possession of cannabis with intent to sell, and unlawful use of a false name. We reverse only Petion’s conviction and sentence for possession of cannabis with intent to sell. There was insufficient evidence to establish his constructive possession of marijuana found inside the vehicle, which was jointly occupied by the defendant and three other passengers.

At the defendant’s non-jury trial, Deputy Dennis Conway testified that a local resident told him that he was walking down the street when he was flagged…