Capellen v. State

BURKE, Justice.

[¶ 1] Appellant, Rick Capellen, pled guilty to one felony and four misdemeanor drug-related charges. The district court sentenced Mr. Capellen to eight to twelve years on the felony conviction and to time served during presentenee incarceration on the misdemeanor convictions. On appeal, Mr. Ca-pellen claims he was deprived of a fair sentencing hearing because the district court considered unreliable evidence offered by the prosecutor. We affirm.

ISSUE

[¶ 2] Did the district court abuse its discretion in relying upon evidence presented by the prosecution at Mr. Capellen’s…