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STATE v. LAMPHERE

No. 22456.

945 P.2d 1 (1997)

130 Idaho 630

STATE of Idaho, Plaintiff-Respondent, v. Tommy LAMPHERE, Defendant-Appellant.

Supreme Court of Idaho. Lewiston, October 1996 Term.

Rehearing Denied July 1, 1997.

Attorney(s) appearing for the Case

Henderson & Grow, Lewiston, for appellant. James W. Grow, Jr. argued.

Alan G. Lance, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent. Respondent did not participate in oral argument.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED JANUARY 21, 1997 IS HEREBY WITHDRAWN.

SILAK, Justice.

This is an appeal from a judgment of conviction for possession of a controlled substance (methamphetamine), and a request for reinstatement of the first written verdict of not guilty entered by the jury. We reverse the judgment of conviction and remand the case for a new trial.

I.

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