State v. Garrett

ELMORE, Judge.

*652 Scotty J. Garrett (defendant) was found guilty of conspiracy to sell methamphetamine, possession with intent to sell or deliver methamphetamine, and possession of drug paraphernalia. On appeal, defendant argues that the trial court erred in denying his motion to dismiss the charges against him. Because the State failed to present substantial evidence of constructive possession, we reverse defendant's conviction for possession with intent to sell or deliver methamphetamine. We leave defendant's two remaining convictions undisturbed and remand for resentencing in 12 CRS 050697.

I.…