State v. Schultz

Defendant was charged with unlawful possession of an amount of marijuana in excess of 1.5 ounces and, after waiving a jury trial, was found guilty by the trial court on the basis of a stipulation of the facts. Defendant thereafter was sentenced to 3 years in prison but execution of this sentence has been stayed pending the outcome of this appeal. The sole issue raised by defendant on appeal relates to whether the district court judge who presided at the omnibus hearing acted as a factfinder, as required by our decisions, and resolved the dispute in the evidence relating to defendant’s motion…