Holmes v. State

Blackburn, Chief Judge.

Following a bench trial, Michael Holmes appeals his conviction for possession of cocaine and possession of drug paraphernalia, contending that the trial court erred by denying his motion to suppress. For the reasons set forth below, we reverse.

On appeal from a denial of a motion to suppress, this Court must construe the evidence most favorably to uphold the ruling of the trial court. State v. Winnie. Furthermore, the trial court’s application of law to facts which are undisputed is subject to de novo review. Id.

The facts of this case are undisputed. The record shows…