Battle v. State

Bobby Battle was convicted of possession of marijuana and possession of marijuana with intent to distribute, each count relating to a separate incident.1 He appeals, contending that the evidence was insufficient to support the possession with intent to distribute conviction, and that the trial court erred in responding to a jury question. For reasons discussed below, we affirm.

1. On February 9, 1997, Sergeant Arvo Bowen of the Covington Police Department stopped Battle for various traffic offenses. Battle was driving an Oldsmobile Cutlass, and there were two other passengers, Tyson Bell and Stan Price. After Battle got out of the car, Bowen saw the front seat passenger, Bell, lean over in the seat. Another officer, Jerry Lee Roberts, later searched the car and found ten plastic bags of marijuana in the pocket of a coat on the driver’s seat. Battle admitted at trial that the coat was his, but denied any knowledge of the marijuana. Battle introduced evidence that Tyson Bell pled guilty in July 1998 to possession of marijuana with intent to distribute.