Garcia-Perez v. State

Where, as in the present case, the verdict finding the defendant guilty of trafficking in cocaine necessarily depended on the jury’s crediting Officer Aguillar’s testimony that he actually saw the defendant in possession of the cocaine and their rejecting the defendant’s contrary testimony that Aguillar removed the cocaine from the automobile in which the defendant, by his own account unaware of the cocaine’s presence, was riding, we cannot conscientiously conclude beyond a reasonable doubt that the conceded error1 — the admission of Aguillar’s testimony that preceding the defendant’s arrest…