Barron v. State

BOWEN, Judge.

Ted Julian Barron was convicted of trafficking in cannabis, sentenced as a habitual offender to life imprisonment, and fined $25,000. On this appeal of that conviction, he claims that the State did not present a prima facie case of his guilt of the charged offense, and that the trial court erred by failing to instruct the jury on the lesser offense of possession of marijuana not for personal use.

I

On July 27, 1989, Covington County law enforcement officers, acting pursuant to a search warrant, cut down and confiscated 98 marihuana plants growing in a patch 25 yards behind…