Gladin v. State

OPINION OF THE COURT

Springstead, J., Circuit Judge.

Appellant, PAUL S. GLADIN, appeals a judgment and sentence *27entered by the County Court of Marion County after a jury trial finding him guilty of Driving Under the Influence. Appellant complains the trial court erroneously instructed the jury regarding the issue of marijuana being a controlled substance thus violating appellant’s right to due process of law.

On August 26, 1989, appellant was stopped for driving 75 MPH in a 55 MPH zone. There was no other evidence of aberrant driving. Subsequent to the traffic stop, defendant was arrested and…