State v. Smith

MARING, Justice.

[¶ 1] The State appealed from a trial court order granting John Oliver Smith’s motion to dismiss the charge of conspiracy to manufacture methamphetamine. We reverse and remand, concluding the trial court erred by granting the motion to dismiss.

I

[¶2] In July 2009, John Oliver Smith purchased four boxes of ephedrine at two different pharmacies. Smith was a passenger in a vehicle owned by Levi Ward. Law enforcement had “recently received information that Ward was in possession of hypodermic needles and a bag of white powder.” Law enforcement continued to follow Ward’s vehicle…