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STATE v. McELROY

DA 22-0238.

551 P.3d 282 (2024)

2024 MT 133

STATE of Montana, Plaintiff and Appellee, v. Joseph Brian McELROY, Defendant and Appellant.

Supreme Court of Montana.

Decided: June 25, 2024.

Attorney(s) appearing for the Case

For Appellant: Chad Wright, Appellate Defender, Joshua James Thornton, Assistant Appellate Defender, Helena, Montana.

For Appellee: Austin Knudsen, Montana Attorney General, Michael P. Dougherty, Assistant Attorney General, Helena, Montana.

Debra A. Jackson, Mineral County Attorney, Superior, Montana.

¶1 Joseph Brian McElroy (McElroy) appeals the denial of his motion to dismiss and the March 21, 2022 Judgment of the Fourth Judicial District Court, Mineral County. The court sentenced McElroy to five years suspended to the Montana Department of Corrections (DOC) for criminal possession...

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