Judge dismisses drug charge

The drug distribution charge against James Pogline resulting from an early morning police raid has been dismissed by Moffat County Judge Mary Lynne James.

Pogline, 32, was charged with possession with intent to distribute methamphetamine after police served a search warrant at the apartment where Pogline was staying.

Charges of possession of methamphetamine and two counts of bail bond violations also stemmed from the arrest.

Officers reported finding a "gram bag" containing methamphetamine residue, along with an electronic scale.

The items allegedly were found in a milk crate that held some of Pogline's belongings.

At Pogline's preliminary hearing last week, James bound over to district court three of the charges in the case. In a written decision, James dismissed the distribution charge.

"From the presence of the electronic scale, a quantity of baggies, and the day planner with drug transaction notations, the court could guess at Mr. Pogline's intent, but without proof of a measurable quantity of the drug, there is no 'possession' with intent," James wrote.

Pogline's bond in the case remains at $100,000.

Pogline has four pending felony cases and is being held at the Moffat County Jail on bonds totaling more than $500,000.

Jeremy Browning can be reached at 824-7031 or jbrowning@craigdailypress.com

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