State v. Lundy

MAUS, Judge.

Defendant, Alva E. Lundy (Lundy), as a passenger in an automobile driven by Michael Layden Mantle, (Mantle), was charged with transportation, § 195.025, and possession of marijuana, § 195.020.1 Mantle was likewise charged. In a separate case, Mantle’s motion to suppress the evidence of marijuana found in the automobile was sustained by the trial court. That suppression was affirmed on the state’s appeal. State v. Mantle, 779 S.W.2d 357 *55(Mo.App.1989). In this case, before a different trial judge, Lundy’s motion to suppress that evidence was overruled. In a jury-waived trial, Lundy…