State v. Kopp

¶1 Defendant Carissa Kopp appeals from the denial of her motion to dismiss the charge of criminal possession of dangerous drugs, a felony, by the Fifth Judicial District Court, Jefferson County. We consider the following issue:

¶2 Did the District Court err in denying Kopp’s motion to dismiss pursuant to §§46-11-503 and -504, MCA?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 The parties stipulated to the facts relevant to Kopp’s motion to dismiss. On January 5, 2009, Kopp was cited with misdemeanor possession of drug paraphernalia, namely a spoon and baggies, found by Jefferson County Deputy Sheriff…