White v. State

McMILLAN, Judge.

This appeal follows a conviction for possession of marijuana in violation of § 20-2-70(a), Code of Alabama (1975), and a sentence of two years and six months’ imprisonment. For the reasons outlined below, the trial court’s decision is due to be reversed.

On April 27, 1984, Officer Donald Valen-za of the Houston County Sheriff’s Department arrested appellant pursuant to a warrant sworn out by appellant’s ex-wife for non-support. Appellant and his present wife had arrived at the ex-wife’s home in a Dodge van, whereupon Officer Yalenza observed the appellant emerge from the van…