STATE v. POTTS

No. 16631-7-III.

969 P.2d 494 (1998)

93 Wash.App. 82

The STATE of Washington, Respondent, v. Paul J. POTTS, Appellant.

Court of Appeals of Washington, Division 3, Panel Five.

November 17, 1998.


Attorney(s) appearing for the Case

Neil P. Cox, Jr., Clarkston, for Appellant.

Ray D. Lutes, Asotin County Prosecuting Attorney, Benjamin C. Nichols, Asotin, for Respondent.

Gayle Galyean, Asotin, pro se.


SCHULTHEIS, C.J.

Paul Potts was convicted of possession of a controlled substance: methamphetamine. On appeal he contends the evidence at trial supports conviction for possession of only amphetamine, not methamphetamine. He also argues the evidence is insufficient that he possessed the controlled substance and the State failed to preserve material evidence. We reverse.

In September 1996, Mr. Potts asked Barbara Taylor...

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