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State v. Forsyth8/31/2004
ss of their guilt or innocence and regardless of the amount of evidence against them.
[ 14] Given the standard of review, namely whether it is reasonably possible that the error contributed to the jury's verdict, regardless of the sufficiency of the other evidence to support a conviction, the error is not harmless and the judgment must be vacated. Forsyth's statement that he had no physical impairments that *167 would keep him from performing the walk and turn test is evidence that his failure to perform the test as instructed was due to impairment resulting from intoxication and not some other factor. The arresting officer was allowed to testify to this statement over objection. It is reasonably possible--if not likely--that such evidence contributed to the jury's verdict.
The entry is:
Judgment vacated. Remanded to the Superior Court for further proceedings consistent with this opinion.
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