State v. Potts

Paul Potts was convicted of possession of a controlled substance: methamphetamine. On appeal he contends the evidence at trial supports conviction for possession of only amphetamine, not methamphetamine. He also argues the evidence is insufficient that he possessed the controlled substance and the State failed to preserve material evidence. We reverse.

In September 1996, Mr. Potts asked Barbara Taylor if he could borrow her black pickup truck to help his friend, Stephanie Beidman, move. Later that day, Mr. Potts was the passenger in the pickup driven by Ms. Beidman when they were stopped by…