Cutner v. State

Chief Justice TOAL:

Antoine Cutner (“petitioner”) appeals his conviction, claiming the trial court lacked subject matter jurisdiction over the charge of possession with intent to distribute marijuana -within proximity of a school, and that the trial court erred by allowing evidence that indicated petitioner was a dealer of crack cocaine. We affirm in part, reverse in part.

Factual/Procedural Background

Petitioner was convicted, after a trial in his absence, of possession -with intent to distribute (“PWID”) marijuana and PWID marijuana within proximity of a school. Two days later, petitioner pled…