STATE v. BOOTH

No. DA 11-0243.

272 P.3d 89 (2012)

2012 MT 40

STATE of Montana, Plaintiff and Appellee, v. Jimmy Steven BOOTH, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided February 21, 2012.


Attorney(s) appearing for the Case

For Appellant: Joseph P. Howard ; Joseph P. Howard, P.C., Great Falls, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Jonathan M. Krauss , Assistant Attorney General, Helena, Montana, Nicholas Murnion , Valley County Attorney, Glasgow, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Jimmy Steven Booth, Jr. (Booth), was charged with felony criminal possession of precursors to dangerous drugs pursuant to § 45-9-107, MCA (Count I), and misdemeanor restricted possession of ephedrine or pseudoephedrine in violation of § 50-32-501, MCA (Count II). He was convicted by a jury on January 5, 2011, and committed to the Department of Corrections for seven years with two years...

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