State v. Lamphere

SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED JANUARY 21, 1997 IS HEREBY WITHDRAWN.

SILAK, Justice.

This is an appeal from a judgment of conviction for possession of a controlled substance (methamphetamine), and a request for reinstatement of the first written verdict of not guilty entered by the jury. We reverse the judgment of conviction and remand the case for a new trial.

I

FACTS AND PROCEDURAL BACKGROUND

In January 1995, appellant Tommy Lam-phere’s (Lamphere) car ran out of gas and Lewiston Police Officer David Gobbi (Gobbi) stopped and helped him move the car out of traffic. Upon a…