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Commonwealth v. Thompson

Judgment of sentence reversed; where defendant was a passenger in a car containing cocaine and where defendant expressly denied that the cocaine was his, court erred in excluding evidence of the third-party car owner's prior history of cocaine trafficking.

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� 1 This is an appeal from the judgment of sentence entered on November 23, 1999, in the Court of Common Pleas of Lycoming County, following appellant’s conviction of one count of possession of cocaine with intent to deliver, one count of possession of cocaine, one count of possession of marijuana and two counts of possession of drug paraphernalia. Appellant was sentenced to two to five years of imprisonment for his possession with intent to deliver cocaine conviction and a concurrent term of one year of probation for his possession of marijuana conviction. Upon review, we reverse and remand for a new trial.

� 2 Herein, appellant raised the following three claims for our consideration:

I. Did the trial court err by excluding evidence of the car driver’s possession with the intent to deliver cocaine conviction where [appellant] was being tried for possession with intent to deliver cocaine located in the back of the vehicle near marijuana that [appellant] acknowledged was his?

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