STATE v. SHELTON

No. DA 07-0621.

193 P.3d 943 (2008)

2008 MT 321

346 Mont. 114

STATE of Montana, Plaintiff and Appellee, v. Robert Jonathan SHELTON, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided September 16, 2008.


Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Joslyn M. Hunt, Assistant Appellate Defender; Helena, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; Tammy K. Plubell, Assistant Attorney General; Helena, Montana, Erin Inman, Prairie County Attorney; Terry, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Robert Jonathan Shelton, Jr. appeals his conviction in the Seventh Judicial District Court, Prairie County, of criminal possession of dangerous drugs with intent to distribute, a felony. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 1. Did the District Court err by concluding that Shelton failed to prove, by a preponderance of the evidence, that the search warrant contained...

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