State v. McCrery

WENTWORTH, Judge.

The state appeals from orders of the trial court dismissing charges of possession of marijuana filed against appellants Radford and White and suppressing certain items of evidence sought to be introduced against McCrery.

From our study of the briefs and record, we find that the undisputed facts are susceptible of the construction placed upon them by the trial court, as evidenced by the orders being appealed. We therefore affirm.

The state stipulated that the marijuana could not be seen or smelled. Rent was in fact paid by McCrery, and no evidence was presented that Radford had…