Legal Opinion

State v. Harper

Montana Supreme Court

Decided August 12, 1997No. 96-390PublishedCited by 5 opinions

1Opinion of the CourtChief Justice Turnage

Ajury in the First Judicial District Court, Lewis and Clark County, found Peter William Harper guilty of two counts of possession of dangerous drugs and possession of drug paraphernalia. He appeals. We affirm.

Harper raises two issues on appeal:

1. Whether his conviction of possession of methamphetamine is illegal on grounds that the State failed to prove that he was in “knowing control” of the drug “for a sufficient time to be able to terminate control.”

2. Whether his sentence is illegal because the court failed to consider alternatives to imprisonment as required by § 46-18-201, MCA, and…

2Cases cited5 opinions

  1. State v. NelsonMontana Supreme Court · 1995
  2. State v. AhmedMontana Supreme Court · 1996
  3. State v. GouletMontana Supreme Court · 1996
  4. State v. PenceMontana Supreme Court · 1995
  5. State v. NeelyMontana Supreme Court · 1993

3Cited by5 opinions

  1. State v. RoseMontana Supreme Court · 1998
  2. State v. St. JohnMontana Supreme Court · 2001
  3. State v. HeggMontana Supreme Court · 1998
  4. Harper v. StateMontana Supreme Court · 2012
  5. State v. HarperMontana Supreme Court · 1997

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