State v. D. Colvin

¶1 The State of Montana appeals from the District Court’s Decision and Order filed June 2, 2015, granting Daniel Joseph Colvin’s motion to dismiss. We affirm.

¶2 We restate the issue on appeal as follows:

Did the District Court err in dismissing the charge against Colvin based upon his claim that the State failed to preserve exculpatory evidence?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On October 9,2014, the State charged Colvin by information with attempted deliberate homicide in the September 4, 2014 shooting of Michael Aja. At the time of the incident Aja was sitting in his Jeep vehicle. Colvin…