People v. Whaley

Opinion by

Judge FURMAN.

Defendant, Joseph L. Whaley, appeals the Judgment of conviction entered upon a jury verdict finding him guilty of attempted unlawful possession of a schedule III controlled substance (hydrocodone). We reverse and remand for a new trial.

A physician testified that he prescribed Vicodin for defendant on September 28 (thirty units, with one refill), October 13 (sixty units, with one refill), and October 15, 2003 (forty units, with one refill). The physician explained that the narcotic ingredient in Vi-codin is hydrocodone, and that "Lorcett is basically the same as Vicodin,…