State v. Liberte

Aubin Liberte and William Henry Sims, Jr. appeal from their convictions for conspiracy to traffic in cocaine. We reverse and remand for a new trial.

I

According to the State’s evidence, Todd Brank, a convicted drug dealer, was under investigation by the South Carolina Law Enforcement Division (SLED). After he was arrested on more drug charges, Brank agreed to cooperate with SLED. Operating undercover, Brank set up a purchase of a large amount of cocaine from Sims, who had previously supplied cocaine to Brank. Liberte, whom Brank did not know and had never seen before, was in the car with Sims…