State v. Wilkins

Following trial by jury in the District Court of the Nineteenth Judicial District, Lincoln County, defendant was convicted of two counts of criminal sale of dangerous drugs. We reverse.

Defendant raises the following issues on appeal:

1. Did the District Court err when it informed the defendant of his right to testify in front of the jury?

2. Did the District Court correctly admit hearsay evidence of other acts?

3. Was the State’s evidence sufficient to prove that the substance sold by the defendant was marijuana?

We find the first issue dispositive.

As a result of an undercover drug operation, the…