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Muttalib v. State

Because the State failed to prove beyond a reasonable doubt that the defendant possessed the methamphetamine with intent to distribute it, the evidence was insufficient to support his conviction for possession of tools for the commission of a crime as indicted, i.e., the possession of digital scales with the intent to make use of the scales in the commission of the crime of possession of methamphetamine with intent to distribute.

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After a bench trial, Ismail Jamil Muttalib was found guilty of possession of methamphetamine,1 possession of tools for the commission of a crime,2 possession of less than one ounce of marijuana,3 two counts of giving false information to a law enforcement officer,4 and speeding.5 Following the denial of his motion for new trial, Muttalib argues on appeal, and the State agrees, that the evidence was insufficient to support his conviction for possession of tools for the commission of a crime because it is inconsistent with the trial court’s acquittal on the charge of possession of methamphetamine with intent to distribute.6 For the reasons that follow, we reverse.

Viewed in the light most favorable to the verdict,7 the evidence shows that on March 1, 2014, Officer Cal Scarborough was patrolling Interstate 75 when he witnessed a vehicle traveling 87 miles per hour in a 70-mile-per-hour zone. Officer Scarborough effected a stop of the vehicle, and when he approached the driver’s side window, he noticed the smell of raw marijuana.

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