State v. Urban

ARNOLD, Judge.

The evidence discloses only one transaction in which defendant was found to be in constructive possession of both the marijuana found on the table and that found in the closet. The State asserts that there are two different crimes: first, possession of less than one ounce of marijuana, and, second, felonious possession of over one ounce of marijuana with intent to sell and manufacture. It is the State’s position that the trial court erred in allowing defendant’s motion to dismiss the bills of indictment for the felony charges on grounds of double jeopardy.

Prohibition against…