STATE v. OTTO

No. DA 12-0530.

317 P.3d 810 (2014)

2014 MT 20

STATE of Montana, Plaintiff and Appellee, v. Matthew Wayne OTTO, Defendant and Appellant.

Supreme Court of Montana.

Decided January 23, 2014.


Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender, Eileen A. Larkin , Assistant Appellate Defender; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Mardell Ployhar , Assistant Attorney General; Helena, Montana, Fred R. Van Valkenburg, Missoula County Attorney, Andrew Paul , Deputy County Attorney; Missoula, Montana.


Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Matthew Wayne Otto (Otto) was convicted in the Fourth Judicial District Court, Missoula County, of criminal distribution of dangerous drugs (marijuana), a felony, in violation of § 45-9-101(4), MCA. He appeals, arguing that the District Court erred in instructing the jury on the elements of the offense prior to the delivery of opening statements. We affirm.

ISSUE

¶ 2 A...

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