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STATE OF NORTH CAROLINA v. MARIO LLAMAS-HERNANDEZ
No.  220A08
FILED:  6 FEBRUARY,  2009
Evidence-lay opinion testimony-substance was cocaine
The decision of the Court of Appeals finding no error in defendant’s trial and
conviction of trafficking in cocaine by possession of 28 grams or more but less than 200 grams is
reversed for the reason stated in the dissenting opinion that the trial court erred by allowing two
detectives to express lay opinions that a white powder substance found in an apartment leased by
defendant was cocaine.
Appeal pursuant to N.C.G.S.  §  7A-30(2) from the
decision of a divided panel of the Court of Appeals,  189 N.C.
App.  ___,  659 S.E.2d  79  (2008), finding no error in a judgment
entered  14 September  2006 by Judge W. Robert Bell in Superior
Court, Mecklenburg County.    Heard in the Supreme Court  18
November  2008.
Roy Cooper, Attorney General, by LaToya B. Powell,
Assistant Attorney General, for the State.
Kevin P. Tully, Public Defender, by Julie
Ramseur Lewis, Assistant Public Defender, for
defendant-appellant.
PER CURIAM.
For the reasons stated in the dissenting opinion, the
decision of the Court of Appeals is reversed.
REVERSED.

Download 220-08-1.pdf

South Carolina Law