State v. Gowan

¶1 Defendant, Richard Lance Gowan (Gowan), appeals from a jury verdict in the Eleventh Judicial District Court, Flathead County, finding him guilty of two counts of criminal sale of dangerous drugs. We reverse and remand for a new trial.

¶2 The dispositive issue on appeal can be restated as follows:

Did the District Court err in holding that a defense witness’ gratuitous statement, offered in response to the State’s *129cross-examination, opened the door for rebuttal character evidence?

FACTUAL BACKGROUND

¶3 On October 21,1997, Gowan was charged by information with two counts of criminal sale of…