FILED Jan 31 2019, 7:40 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Joel M. Schumm Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana George P. Sherman Supervising Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA John L. Solomon, January 31, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2041 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Jose D. Salinas, Appellee-Plaintiff. Judge Trial Court Cause No. 49G14-1704-CM-13921 Brown, Judge. Court of Appeals of Indiana | Opinion 18A-CR-2041 | January 31, 2019 Page 1 of 11 [1] John Solomon appeals his conviction for possession of marijuana as a class B misdemeanor. Solomon raises one issue which we revise and restate as whether his conviction violates his right to liberty and pursuit of happiness under Article 1, Section 1, of the Indiana Constitution. We affirm. Facts and Procedural History [2] On April 15, 2017, Indianapolis Metropolitan Police Officer Mitchel Farnsley initiated a traffic stop of a silver Buick near 30th Street and Capitol Avenue in Marion County. There were five occupants in the vehicle, and Solomon was seated in a rear seat. Officer Farnsley discovered that the license plate on the vehicle was for a green Ford Explorer, called for backup, and Officer Haley arrived on the scene. The police observed one of the vehicle’s occupants destroying a syringe, and they immediately had the occupants exit the vehicle. The police discovered numerous syringes and some aluminum foil, along with a “marijuana blunt, located directly smooshed between the seat and the back seat . . . where John Solomon’s butt would have been sitting.” Transcript Volume II at 11. Officer Farnsley read Solomon his Miranda rights. Solomon “stated that nothing in the car was his except for the marijuana blunt.” Id. at 12. Solomon also told the police that he was in the vehicle because he was getting a ride to the liquor store. [3] On April 16, 2017, the State charged Solomon with possession of marijuana as a class B misdemeanor. On August 1, 2018, the court held a bench trial at Court of Appeals of Indiana | Opinion 18A-CR-2041 | January 31, 2019 Page 2 of 11 which Solomon testified that he did not know there was a marijuana blunt beneath him, that the marijuana blunt did not belong to him, and that he told Officer Haley that it did not belong to him. The court found Solomon guilty of possession of marijuana as a class B misdemeanor and sentenced him to twenty days with fourteen days suspended. Discussion [4] Solomon claims that criminalizing the mere possession of a single marijuana blunt by an adult who is not driving or otherwise impacting others violates Article 1, Section 1, of the Indiana Constitution and that his conviction should be vacated. He argues that Ind. Code § 35-48-4-11 may be constitutional in many circumstances and that the challenge here is not a facial one ...
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