State v. Vogel

HENDERSON, Justice.

PROCEDURAL BACKGROUND/ISSUES

Appellant Michael Vogel (Vogel) was convicted of possession of more than one-half pound, but less than one pound, of marijuana after a non-jury trial in the circuit court for Hughes County. Vogel appeals his conviction and a sentence of two years in the State Penitentiary, contending that the trial court erred by finding no constitutional violation in State aerial and zoom lens photographic observations of marijuana plants within his home. The observations in question were a naked-eye sighting from an airplane, a subsequent aerial photographic…