Preston v. State

GPINION

BARTEAU, Judge.

A jury convicted Marcus Preston of dealing in cocaine, a Class B felony, and possession of cocaine, a Class D felony. We reverse his convictions due to an impermissible infringement upon his right to testify in his own defense, as guaranteed by Article I, § 18 of the Indiana Constitution.

FACTS

Rufus Brown, a police officer with the city of Fort Wayne, testified that he purchased cocaine from Preston. He related that he and an informant named Robert Sanders arrived at 2522 Euclid Avenue in Fort Wayne at approximately 9:00 p.m. on May 1, 1991. When he and Sanders arrived,…