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.