Tolbert v. State

NORTHCUTT, Judge.

Christopher Tolbert appeals his conviction for trafficking in cocaine by possession. We agree with his assertion that the trial court abused its discretion by admitting evidence of a firearm found during a search of his home, and we reverse and remand for a new trial.

The police executed a search warrant at Tolbert’s house at a time when no one was home. When searching the house, the police discovered cocaine in a trash bag that was concealed beneath the kitchen garbage. Inside the trash bag containing the drugs, the police also found mail addressed to Tolbert and a handgun.…