State of Idaho v. Michael Joseph Amelia

LANSING, Judge.

A jury found Michael Joseph Amelia guilty of possession of amphetamine. 1 The sole issue presented is whether the district court committed reversible error in instructing the jury. We conclude that prejudicial error occurred, and we therefore vacate the judgment and remand for a new trial.

I

BACKGROUND

At Amelia’s trial, the arresting officer testified that he stopped Amelia’s vehicle for running a red light and that Amelia seemed excessively nervous. When the officer asked why, Amelia said, among other things, that he was nervous because he had pills in his pocket. The officer…