State v. Stuart

Summary

The court reversed Stuart's felony-murder conviction because the State failed to present sufficient evidence that he distributed, or intended to distribute, the marijuana involved in the transaction during which Lopez was killed. Although the evidence supported an inference that Stuart jointly possessed the marijuana after it was handed to an intermediary, possession or acquisition alone did not establish distribution. Because the evidence was insufficient, the court vacated the sentence and did not reach Stuart's instructional-error claim.