Chadwick v. State

Andrews, Judge.

Leon Chadwick, Jr. appeals after conviction and sentencing for driving under the influence of marijuana, improper passing, and possession of marijuana. He alleges denial of his motion for directed verdict on the first charge was error because of a fatal variance in that charge and the evidence introduced. Further, he contends the first and third charges merged. We find no error.

1. Viewed in favor of the verdict, the evidence was that Argo was driving on an unfamiliar two-lane road looking for the Naval Air Station Resort. He was going about 35 mph in a no passing zone. Although…