State v. Nikolas Sherman

GRATTON, Judge.

Nikolas Lee Sherman appeals from the district court’s appellate decision affirming the magistrate’s order denying his motion to dismiss and refusing his requested jury instruction. We affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

A resident contacted police after finding an intoxicated male on his property. When a police officer arrived at the property, the intoxicated male attempted to flee and was restrained by the officer. The individual was identified as Sherman and the officer found two prescription drug bottles in Sherman’s pockets, one bottle prescribed to Sherman and one…