State v. Graham

Submitted on Briefs: April 11, 2002 ¶1 Brian Graham (Graham), by counsel, appeals from the District Court's order denying his request for post-conviction relief. The sole issue which we consider is whether the District Court properly denied post-conviction relief. We hold that the trial court did not abuse its discretion in denying Graham's request for post-conviction relief. Accordingly, we affirm. Background ¶2 On February 16, 1997, the Price Rite drug store in Bozeman, Montana, was burglarized. Approximately $2,800 of prescription drugs and $650 in cash were stolen. Three days later, Missouri Headwater Drug Task Force investigators went to the residence of Graham's girlfriend, Andrea Lutes (Lutes), regarding an unrelated drug investigation. Lutes indicated that she had possible information about the Price Rite burglary. Lutes agreed to go to the Law and Justice Center with the investigators where she was interviewed.