State v. Nichols

¶1 The Park County Attorney charged James Anderson Nichols (Nichols) with six counts of criminal sale of a dangerous drug, a felony in violation of § 45-9-101, MCA. Pursuant to a plea agreement, the State dismissed Counts 1, 4, 5 and 6 and Nichols entered an Alford plea as to Counts 2 and 3, but reserved his right to file a motion to dismiss in the District Court. Nichols then filed a motion to dismiss arguing that, since the State could not produce the alleged dangerous drugs, it would be unable to conduct any scientific testing of the substances, and without any testimony from a laboratory…