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STATE v. NELSON

No. DA 13-0526.

334 P.3d 345 (2014)

2014 MT 135

375 Mont. 164

STATE of Montana, Plaintiff and Appellant, v. Christina Nadine NELSON, a/k/a Christina Nadine Mark, Defendant and Appellee.

Supreme Court of Montana.

Decided May 27, 2014.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General; Tammy K. Plubell ; Assistant Attorney General; Helena, Montana, Scott Twito , Yellowstone County Attorney; Mary E. Cochenour , Special Deputy Yellowstone County Attorney; Billings, Montana.

For Appellee: Penelope S. Strong ; Attorney at Law; Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 The State appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, granting the motion of Christina Nelson (Nelson) to dismiss a charge against her of Tampering with or Fabricating Physical Evidence, a felony, under § 45-7-207(1)(b), MCA. Nelson argued that the Information did not allege a cognizable basis to find probable cause...

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