State v. Kilpatrick

OPINION

JAMES CURWOOD WITT, JR., J.,

delivered the opinion of the court,

in which JOSEPH M. TIPTON, P.J., and NORMA McGEE OGLE, J., joined.

The defendant, Kenneth Ray Kilpatrick, appeals from his Wayne County Circuit Court jury conviction of simple possession of a Schedule IV controlled substance, a Class A misdemeanor. He claims on appeal that the evidence convicting him was legally insufficient. We disagree and affirm the judgment of the trial court.

At trial, Sergeant Jason Davis with the Wayne County Sheriff’s Office testified that at approximately 7:00 p.m. on April 23, 2008, he saw the…