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STATE v. DREW

No. 12073.

490 P.2d 230 (1971)

The STATE of Montana, Plaintiff and Respondent, v. Jonathan Woodbury DREW, Defendant and Appellant.

Supreme Court of Montana.

November 3, 1971.

Attorney(s) appearing for the Case

McKinley Anderson, Jr., Bozeman, James H. Goetz, argued, Bozeman, for appellant.

Robert L. Woodahl, Atty. Gen., Helena, David V. Gliko, Asst. Atty. Gen., argued, Helena, Thomas A. Olson, County Atty., Bozeman, Thomas D. Gai, appeared, Bozeman, for respondent.

DALY, Justice.

Defendant, Jonathan Drew, aged 18, plead guilty to possession of four marihuana cigarettes, being less than 60 grams, a misdemeanor, in violation of section 54-133, R.C.M. 1947. It was defendant's first offense.

On the 26th of April, 1971, the district court of Gallatin County imposed this sentence:

"Now, therefore, it is ordered, adjudged and decreed that the said defendant is guilty of the offense charged in the information herein...

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