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Jackson v. State

The state failed to prove that the diphenhydramine pills seized from defendant's house did not comply with FDA labeling requirements or that they were not available for purchase over the counter.

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A jury found Jimmy Jackson guilty of possession of marijuana with intent to distribute, possession of marijuana, possession of diphenhydramine, and possession of doxylamine. For sentencing purposes, the trial court merged the possession of marijuana charge with the charge for possession of marijuana with intent to distribute, and it sentenced Jackson to twelve years.1 On appeal, Jackson challenges the sufficiency of the evidence. He also contends that the trial court erred in admitting evidence of a similar transaction and in failing to dismiss his conviction for possession of marijuana. For reasons that follow, we affirm in part and reverse in part.

The evidence shows that, on March 12, 1998, Detective James Carden from Chattanooga, Tennessee received information from the post office that a package shipped through the mail contained a large amount of marijuana. Carden arranged for a controlled delivery of the package, which was picked up by Jose Salazar. Salazar agreed to cooperate with the police, and he called Jackson, the purchaser of the marijuana, and arranged for him to pick up the package.

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