Defendant was sentenced to two years' imprisonment for the felony-firearm conviction, and twenty to thirty years' imprisonment for the controlled substance conviction. His sentences are to run consecutively. Defendant appeals from his convictions as of right. We reverse and remand for further proceedings.
Defendant raises numerous issues, two of which merit discussion and appellate relief.
Defendant argues that the court abused its discretion when it admitted into evidence a four-page affidavit officer Jim Lalone submitted when requesting a search warrant. During trial, a juror submitted a note asking what had initially caused the search of defendant's residence. The prosecutor then asked officer Edward Thompson, who was testifying when the inquiry was received, questions relating to the juror's note. When Thompson had difficulty remembering the investigative facts leading up to issuance of the search warrant, the prosecutor refreshed his recollection with the search warrant and accompanying affidavit. As Thompson began relaying additional facts, defense counsel objected on hearsay grounds because Thompson had no personal knowledge of the facts he was recounting.