State v. Richardson

ELMORE, Judge.

On 17 January 2008, a jury found McCoy Antwan Richardson (defendant) guilty of possession with intent to distribute cocaine, resisting a public officer, and possession of drug paraphernalia. He received a sentence of nine to eleven months’ imprisonment for possession with intent to distribute cocaine, sixty days’ imprisonment for resisting a public officer, and 120 days’ imprisonment for possession of drug paraphernalia. For the reasons set forth below, we vacate all three convictions.

Background

On 28 February 2008, at approximately 5:20 p.m., the Greenville Police Department…