State v. Gillen

Brazil, J.:

Leander D. Gillen appeals a decision of the district court that it lacked jurisdiction to consider his appeal from a conviction before a district magistrate judge following a guilty plea. We reverse and remand.

On September 25, 2005, Gillen was a passenger in a vehicle stopped at a driving under the influence (DUI) checkpoint. Despite knowing the driver was not under the influence, all occupants were detained and ordered to exit the vehicle. Officers found marijuana in the vehicle. Gillen was charged with possession of marijuana and also possession of drug paraphernalia.

Through plea…