Jones v. State

DAVIS, Judge.

Thomas Scott Jones appeals his conviction and sentence for possession of cocaine. We reject Jones’ argument that the trial court erred in denying his motion for acquittal due to a lack of evidence of actual or constructive possession. No argument was presented to the trial court that there was a lack of evidence of actual possession. The defense specifically moved for acquittal based upon a lack of evidence of constructive possession, and there was sufficient evidence of actual possession to present an issue for determination by the jury. Nonetheless, we must reverse and remand…