People v. Orta

A person charged with a crime has the right to expect his lawyer’s questions to prosecution witnesses will not help the State prove its accusation. In this case, the defendant’s lawyer elicited testimony from police officers that enabled the State to prove an essential element of its charge. For that reason, we reverse the defendant’s conviction for possession of a controlled substance with intent to deliver and remand this cause for a new trial.

Following a bench trial, the defendant, Edwin Orta, was convicted of possession of a controlled substance with intent to deliver and sentenced to 10…