State v. Holly - No. 20120324
Case Summary
John Holly appeals the trial court's judgment of convictions for seven counts of possession of controlled substances and possession of drug paraphernalia.
Holly was charged with seven counts of possession of controlled substances and possession of drug paraphernalia. Holly moved to suppress evidence seized after the execution of a search warrant, which the trial court denied. Holly again moved to suppress evidence, arguing the search warrant was issued on the basis of false information. The trial court denied his supplemental motion.
At a bench trial, the trial court found Holly guilty of six of the alleged offenses. It, however, found the State failed to prove Holly was guilty of possession with intent to deliver marijuana, but found he was guilty of the lesser-included offense of possession of one ounce or more of marijuana.
On appeal, Holly argues the trial court erred in denying his motion to suppress the evidence seized by the execution of the search warrant because the search warrant was not supported by probable cause. He also argues the trial court erred in denying his motion for judgment of acquittal and finding him guilty of the lesser-included offense of possession of one ounce or more of marijuana.