P.M.M. v. State

NORTHCUTT, Judge.

P.M.M. appeals an order withholding adjudication and placing her on probation for possession of marijuana. We reverse because the circumstantial evidence failed to rebut P.M.M.’s reasonable hypothesis of innocence.

The State’s only witness at trial was Deputy Nathaniel Johnson, the school resource officer at the high school P.M.M. attended. Deputy Johnson recounted that he wds present when the assistant principal of the school searched P.M.M.’s backpack and discovered a small baggie of marijuana. Deputy Johnson did not know where the backpack hád been prior to that occasion.…