Powell v. Commonwealth

STUMBO, Judge:

Tony Powell, a/k/a Michael Foster, appeals a judgment of the Carlisle Circuit Court sentencing him to five years in prison and imposing a fine of $5,000 for possession of cocaine, and sentencing him to three months in prison for possession of marijuana, with said sentences to be served concurrently. After reviewing the record, we reverse.

On March 29, 1990, the Carlisle County Sheriff’s Department executed a search warrant on the residence of Jeff and Theresa Perry. Along with various objects of drug paraphernalia, the officers found both cocaine and marijuana in the Perry…