State v. Cole

OPINION

BUSTAMANTE, Judge.

{1} This case requires us to decide whether the district court properly dismissed the charge of bringing contraband into jail where law enforcement arrested Defendant and brought him into a detention facility while he possessed the alleged contraband. We conclude that, under these circumstances, the actus reus element of the crime is not met because Defendant did not voluntarily enter the detention facility. Accordingly, we affirm.

BACKGROUND

{2} The facts of this case are not in dispute. On July 24, 2005, Patrick W. Cole (Defendant) was arrested and charged with…