D.R.S. v. State

NORTHCUTT, Judge.

The State filed a petition alleging that D.R.S. was a delinquent child because he possessed marijuana. After a bench trial, the circuit court found D.R.S. guilty, withheld adjudication of delinquency, and ordered him to obtain substance abuse treatment. In this appeal, D.R.S. challenges the sufficiency of the evidence to support the finding of guilt based on the fact that the State failed to introduce the marijuana at trial. We reverse.

“[W]hen a defendant is charged with possession of a controlled substance, that substance, if available, must be introduced into evidence....”…