Hamner v. State

CONOVER, Judge.

Defendant-Appellant Richard Hamner (Hamner) appeals his convictions for possession of marijuana and possession of cocaine, both class D felonies. IND. CODE 35-48-4-6, 35-48-4-11(1).

We reverse.

Because we reverse, we address only the issue of whether the trial court erred in refusing to permit Hamner to question his co-offender concerning the penalties his co-offender might receive.

In November, 1987, Darin Childers (Childers), along with two other men, drove to the residence of Hamner and Jeff Redd (Redd). Childers observed one of the men purchase marijuana from Hamner.…