Garrett v. State

OPINION

MAY, Judge.

Angela Garrett appeals her conviction of dealing methamphetamine, a Class A felony. 1 She argues the trial court should have instructed the jury on the lesser-included offense of possession of methamphetamine. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Police stopped a car in which Garrett was a passenger. The driver, Jay Haines, told police he had smoked marijuana that day and gave police an ashtray with the remains of several marijuana cigarettes. As police removed Garrett from the car, she told police there was a gun between the passenger seat and the center…