Regan v. State
Annotate this CaseAfter a jury trial, Appellant was convicted of felony possession of marijuana. The Supreme Court reversed the conviction for felony possession, holding (1) the evidence was insufficient to support Appellant’s conviction because, assuming a jury could reasonably find that Defendant could have controlled the marijuana, the State failed to show that Defendant had the intent and power to exercise dominion and control over the drugs; but (2) the evidence was sufficient to support the lesser included offense of misdemeanor possession of marijuana. Remanded for resentencing on that offense.
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