Lynn v. State

McFadden, Presiding Judge.

After a jury trial, Herbert Martin Lynn was convicted of one count of burglary and one count of theft by taking. He appeals, arguing that the trial court committed harmful error by excluding certain testimony as hearsay. We agree. So we reverse.

We do not reach most of Lynn's other claims of error because they are not likely to occur upon retrial. We do address Lynn's claim that he received ineffective assistance of counsel related to the failure to timely file a motion to suppress because the pretrial suppression ruling may be relevant upon retrial. We reject that…