State v. Owens

WICKER, Judge.

Anthony Owens appeals his bench conviction and sixty-day sentence for simple possession of marijuana, La.R.S. 40:966. We affirm the conviction, vacate the sentence, and remand for resentencing.

Owens was driving his automobile, with three passengers, when he was stopped for speeding and going through a red light. The troopers making the stop found marijuana under the driver’s seat and in the console. The marijuana was accessible to Owens, but it also could be reached by the other people occupying the car.

Owens complains that the proof of his crime was insufficient, that he should…