State v. Spreadbury

Summary

The Supreme Court of Montana held that a challenge to whether an information alleged probable cause is not jurisdictional. The court further held that a defendant who enters a no contest plea without reserving the issue for appeal waives the right to challenge the adverse pretrial ruling. The court affirmed Michael Spreadbury's judgment for felony intimidation.

Holdings

1. Whether the information included allegations establishing probable cause to support the charge is not a jurisdictional issue.
2. A defendant who enters a no contest plea without specifically reserving for appeal the issue whether probable cause supported the information waives the right to raise that issue on appeal from the final judgment.

Questions Presented

1. Whether an alleged failure of an information to establish probable cause is a jurisdictional issue that may be raised after an unreserved no contest plea.
2. Whether a defendant who enters a no contest plea without reserving a specified pretrial issue for appeal waives the right to challenge the adverse pretrial ruling.

Disposition

affirmed