McDonald v. State

SUMMERS, Chief Justice.

This is an appeal from a conviction for possession of a controlled substance (cocaine). Appellant/defendant Bert McDonald was found guilty by a jury. Punishment was assessed by the court at twenty-five years. We reverse and remand.

McDonald was owner and operator of an establishment licensed to sell liquor. On the basis of a tip from an informant that McDonald was selling cocaine from behind the bar, police conducted a warrantless search of the premises and found a matchbox containing cocaine located in the handle of a trash can under the cash register. McDonald was…