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Henry v. State

Evidence of the odor in the vehicle supported a finding that the defendant driver and his sole passenger jointly possessed the marijuana found in the glove compartment.

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A jury found Norris Henry guilty of possession of marijuana. He challenges the sufficiency of the evidence to support his conviction for this offense. Because we find the evidence met the standard set forth in Jackson v. Virginia ,1 we affirm. Viewed in the light most favorable to the verdict,2 the evidence showed that on December 6, 2007, a police officer stopped a vehicle being driven by Henry and owned by Karen Smith, who was a passenger. Henry and Smith were dating, and Smith often allowed Henry to use her vehicle. Earlier on the day of the stop, Henry had used Smith’s vehicle while she was at work.

During the stop, the officer asked Smith for proof of insurance. Smith opened the vehicle’s glove compartment, took from it some papers, and gave them to the officer. The papers smelled to the officer like marijuana. A second officer then searched the vehicle. That officer noticed a strong odor of marijuana coming from the vehicle, which the officer believed would have been noticeable to the vehicle’s occupants. A green, leafy material later determined to be marijuana was found in the glove compartment. The state jointly charged Henry and Smith the sole passenger in the vehicle with possession of the marijuana, and the two were tried together on that charge.

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