Kirk Julliard Gosch v. State

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED SEPTEMBER 5, 2012, IS HEREBY WITHDRAWN

MELANSON, Judge.

Kirk Julliard Goseh appeals from the district court’s judgment dismissing his petition for post-conviction relief. For the reasons set forth below, we vacate and remand.

i.

FACTS AND PROCEDURE

Gosch was found guilty by a jury of manufacturing a controlled substance, I.C. § 37-2732(a); possession of marijuana with intent to deliver, I.C. § 37-2732(a); and possession of marijuana in excess of three ounces, I.C. § 37-2732(e). Gosch filed a petition for post-conviction relief, asserting that he…