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Evans v. State

The jury was authorized to reject a hypothesis that the 60.65 grams of marijuana found at the scene with multiple small individual baggies was for the defendant's personal use.

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Following a jury trial, Dewayne Lamar Evans was convicted of possession of marijuana with the intent to distribute,1 possession of more than one ounce of marijuana,2 possession of marijuana with the intent to distribute within 1,000 feet of public housing,3 possession of marijuana with the intent to distribute within 1,000 feet of a state park,4 and possession of marijuana with the intent to distribute within 1,000 feet of a school.5 Evans appeals the denial of his motion for new trial, arguing that the trial court erred by denying his motion to suppress evidence following an unreasonable search and seizure. He also challenges the sufficiency of the evidence. We affirm, for the following reasons.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and the defendant no longer enjoys a presumption of innocence. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.6

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