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Thurman v. State

At best, the evidence showed mere preparation to commit the alleged crime of attempting to manufacture methamphetamine.

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Brenda and James Thurman appeal from the judgment entered after a jury found them guilty of criminal attempt to manufacture methamphetamine. The Thurmans claim that the evidence was insufficient to support the verdict. We agree and reverse. The evidence at trial, taken in the light most favorable to the verdict, was that the arresting officer in the case testified that he stopped the Thurmans’s car after he observed them driving 93 miles an hour in a 70 mile an hour zone. After the Thurmans’s car pulled over, the officer saw Brenda Thurman slide across the seat from the passenger’s side to the driver’s side and saw James Thurman get out of the car on the driver’s side, walk around the car, and get in on the passenger’s side.

The officer walked up to the car and asked James Thurman for his driver’s license. Thurman said that he wasn’t driving and handed the officer an ID card. The officer told Thurman that he saw him driving the car, but Thurman kept arguing that he had not been driving. A search revealed that Thurman’s license had been revoked. At that point, the officer arrested Thurman.

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