State v. Otto

¶1 Matthew Wayne Otto (Otto) was convicted in the Fourth Judicial District Court, Missoula County, of criminal distribution of dangerous drugs (marijuana), a felony, in violation of § 45-9-101(4), MCA. He appeals, arguing that the District Court erred in instructing the jury on the elements of the offense prior to the delivery of opening statements. We affirm.

ISSUE

¶2 A restatement of the issue on appeal is:

¶3 Did the District Court err in instructing the jury on the elements of the offense prior to opening statements ?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On November 4, 2010, Missoula County…