State v. Bolt

Defendant Bolt appeals from the order of the Fourth Judicial District Court, Lake County, imposing a sentence of one year in jail for criminal possession of dangerous drugs, a misdemeanor. We affirm.

*263The sole issue on appeal is whether, under the circumstances of this case, the defendant was entitled to a deferred imposition of sentence under section 45-9-102(5), MCA. That section provides:

“A person of the age of 21 years or under convicted of a first violation under this section shall be presumed to be entitled to a deferred imposition of sentence.”

Appellant was twenty years of age at the…