Mitchell v. State

Banke, Presiding Judge.

The appellant was convicted of possession of marijuana with intent to distribute. On appeal, it is contended that the court erred in allowing one of the arresting officers to relate to the jury the contents of an electronically monitored conversation which had transpired between the appellant and an undercover agent immediately prior to the appellant’s arrest. The appellant objected to the testimony on the ground that the officers had made a tape recording of the conversation which they had been unable to produce in response to a pre-trial discovery motion served on the…