Pubdate: Mon, 29 Nov 2010 Source: Vancouver Sun (CN BC) Copyright: 2010 The Vancouver Sun Contact: http://www.canada.com/vancouversun/letters.html Website: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Neal Hall 50-CENT MISTAKE WINS DRUG DEALER NEW TRIAL Appeal ruling finds judge misapprehends evidence A convicted drug dealer has won a new trial over a B.C. judge's 50Ac addition error. Julio Hernandez was convicted of cocaine and heroin charges after a Vancouver police officer testified he watched several drug deals. He was arrested Aug. 24, 2007 after he was observed allegedly selling drugs to people in the Downtown Eastside. He testified Hernandez took paper money from two men, and then motioned to a woman, identified only as Ms. Pennington, and the two looked inside a small change purse. Hernandez was found with $113, while Ms. Pennington had drugs and a change purse containing $18.45. The trial judge noted Hernandez denied giving Ms. Pennington the change purse -- he testified all he gave her was 50Ac. "It does not, among other things, appear that the change found on Ms. Pennington accounts for this amount," the judge said, listing the change as "two five-dollar bills, five loonies, three dimes and three nickels." Hernandez appealed. Three judges of the B.C. Court of Appeal found the trial judge misapprehended the evidence -- the correct amount of coins was five loonies, twelve quarters, three dimes and three nickels. ''Even though the other evidence adduced at trial was capable of supporting the convictions of the appellant, his convictions depended upon the misapprehension of the trial judge," concluded Appeal Court Justice Christopher Hinkson. - --- MAP posted-by: Matt