State v. NelsonAnnotate this Case
After Defendant accused her ex-boyfriend of raping her, the State charged Defendant with one count of tampering with or fabricating physical evidence in violation of Mont. Code Ann. 45-7-207(1)(b). Defendant filed a motion to dismiss the charge, arguing that the Information did not allege a cognizable basis to find probable cause that the charged offense had occurred. The district court granted the motion. The Supreme Court reversed, holding that, based on the State’s allegations, there were sufficient facts from which a rational trier of fact could conclude that each element of the charged offense had been proven.