Fergien v. State

NORTHCUTT, Judge.

Robert Fergien appeals his convictions for sale and possession of methamphetamine. We reverse and remand for the trial court to reconsider his motion for new trial using the correct legal standard.

The charges against Fergien arose from an undercover drug deal involving a confidential informant. The defense attacked the informant’s credibility with evidence that she had pending drug charges and had been paid for her involvement in this transaction. Although the State produced an audio recording, it did not contain statements incriminating Fergien. Defense counsel made these…