Mothka v. State

Terry Mothka was convicted and sentenced for conspiracy to sell dangerous drugs in the Eighth Judicial District Court, Cascade County. He petitioned for post-conviction relief, which the District Court denied. Mothka appeals from the denial of his petition for post-conviction relief. We affirm.

The following two issues are raised on appeal:

1. Did the District Court properly apply § 46-21-105(2), MCA, to deny Mothka’s petition for post-conviction relief?

2. Did Mothka’s conviction for conspiracy to sell dangerous drugs following an in rem civil forfeiture violate double jeopardy?

BACKGROUND

On…