Ex Parte Hubbard

The defendants, Samuel Hoyt Hubbard and Gary Robert Reach, were indicted in the Circuit Court of Perry County for the offense of trafficking in cannabis in violation of Code 1975, § 20-2-80. The trial judge instructed the jury on the elements of trafficking in cannabis and on the lesser included offense of possession of cannabis, under § 20-2-70. The jury found both defendants guilty of trafficking (§ 20-2-80). The Court of Criminal Appeals affirmed the conviction, and we issued the writ of certiorari.

At the sentencing hearing, the trial judge granted the defendants' motion for acquittal,…