J.W.V. v. State

Respondent J.W.V. appeals from an adjudication of delinquency for possession of marijuana. Based upon a record that is devoid of any evidence that respondent possessed marijuana, we reverse.

At approximately 9:30 p.m. on March 9, 2000, from a distance of more than one-half a block and under less than ideal lighting conditions, the two arresting officers observed several individuals, including the respondent, standing by a car and smoking a shared cigarette. From their location, the officers could not smell any smoke from the cigarette. Only when the individuals had stopped smoking and had…