Doherty v. State

BURKE, Justice.

[¶ 1] A jury found Brett P. Doherty guilty of one count of felony possession of a controlled substance, methamphetamine. He appeals from his judgment and sentence alleging insufficient evidence to support the conviction and prosecutorial misconduct. Mr. Doherty also claims the district court improperly denied his request for a new trial and contends that he was denied a fair sentencing hearing. We affirm.

ISSUES

[¶ 2] Mr. Doherty presents four issues for review:

I. Was the evidence sufficient to prove [Mr. Doherty’s] “actual” or “constructive” possession of methamphetamine and was…