State v. Betancourt

MELANSON, Judge.

Aniceto Betancourt, IV, appeals from his judgment of conviction for possession of a controlled substance. For the reasons set forth below, we vacate the judgment of conviction and remand for a new trial.

I

FACTS AND PROCEDURE

Betancourt was stopped by an officer for failure to display a front license plate. Upon approaching the vehicle, the officer asked Betancourt where he was driving and where he had been prior to the stop. Betancourt responded that he had been sleeping in the passenger’s seat of the vehicle when he heard gun shots, jumped into the driver’s seat, and drove…