Dees v. State

William Eugene Dees was convicted of trafficking in marijuana in violation of Ala. Code 1975, § 20-2-80. He was fined $25,000 and was sentenced to ten years' imprisonment, which was "split" with three years' incarceration and five years' probation.

I

The defendant contends that the trial court erred in refusing to charge the jury on the lesser included offense of possession of marijuana.

Mobile police officers executed a search warrant at the defendant's residence on June 9, 1988. A "very small sandwich type bag" containing approximately a quarter of an ounce of wet marijuana was found in the…