Mitchell v. State

MlKELL, Judge.

After a jury trial in the Superior Court of Calhoun County, Matthew Mitchell was convicted on two counts of sale of cocaine (Counts 1 and 2) and acquitted of sale of methamphetamine (Count 3) and a third count of sale of cocaine (Count 4). On appeal, Mitchell raises the single enumeration of error that the trial court erred when it allowed a witness to identify Mitchell in two photographs introduced into evidence by the state. We agree and reverse.

“On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no…