Wagner v. State

Appellant, Wayne Thomas Wagner, filed a petition for post-conviction relief in the Nineteenth Judicial District Court, Lincoln County. Wagner appeals from the District Court’s dismissal of his petition. We affirm.

The issue on appeal is whether the District Court erred in dismissing Wagner’s petition for post-conviction relief.

On August 17, 1988, United States Forest Service officials were conducting a surveillance of property which was being used for the cultivation of marijuana. As the United States Forest Service officials were observing the property, Wagner drove towards the marijuana…