State v. Hundley

David Hundley appeals his convictions of possession of cocaine and of heroin. At his bench trial, Hund-ley claimed that he believed the 0.5 grams of green-brown vegetable matter that the police found in his wallet to be incense or potpourri. He farther claimed that he had received the material as an unsolicited free sample from a mail order company. On appeal, Hundley challenges the sufficiency of the evidence. He also contends that the trial court erred in requiring him to bear the burden of proving unwitting possession by a preponderance of the evidence. We reverse.

Facts

In a search incident…