Allen v. State

I believe the majority in its unpublished memorandum has erroneously determined that Alfred Allen was in constructive possession of the marijuana found in the residence. The police obtained and executed the warrant, searching, not for marijuana, but for cocaine, which they suspected Allen was selling. At trial, none of the evidence tended to establish that Allen had control of, or intended to exert control over, the marijuana found in the residence as a result of the search. None of the evidence tended to show: 1) when the marijuana was brought into the residence; 2) whether Allen had…