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STATE v. TEMPLE

DA 14-0753.

384 P.3d 54 (2016)

2016 MT 284

STATE of Montana, Plaintiff and Appellee, v. Brian John TEMPLE, Defendant and Appellant.

Supreme Court of Montana.

Decided: November 9, 2016.

Attorney(s) appearing for the Case

For Appellant: Chad Wright , Chief Appellate Defender, Jennifer Hurley , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy A. Hinderman , Assistant Attorney General, Helena, Montana, Leo J. Gallagher , Lewis and Clark County Attorney, Helena, Montana.

¶ 1 Brian Temple filled a prescription for Oxycodone in April 2011. A month later, police officers discovered Oxycodone residue on a spoon in Temple's possession. The State charged him with criminal possession of dangerous drugs. The trial court instructed the jury that Temple could assert...

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