State v. Christina Nelson a K a Mar

¶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(l)(b), MCA. Nelson argued that the Information did not allege a cognizable basis to find probable cause that the charged offense had occurred. We reverse and remand after addressing the following issue:

¶2 Did the District Court err by dismissing the State’s charge of fabricating physical evidence under § 45-5-207(l)(b), MCA?

FACTUAL AND…