State v. Burton

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The State filed an amended information charging Defendant of thirteen counts. Thereafter, federal prosecutors obtained an indictment against Defendant for four federal charges. The State then filed a second amended in information to remove from the first amended information transactions that were the subject of the federal indictment. Defendant filed a motion to dismiss, which the district court denied. A jury subsequently found Defendant guilty of aggravated kidnapping and sexual intercourse without consent. Defendant then pled guilty to federal count two and the other federal charges were dismissed. Upon Defendant’s second trial on the remaining State charges, the jury found Defendant guilty of all counts except for burglary and an alternative theft charge. Defendant moved to dismiss the state felony charges on statutory multiple prosecution grounds. The district court denied the motion. Before Defendant was sentenced on the state charges, he filed this appeal. The Supreme Court held (1) a defendant can appeal the denial of a motion for dismissal under Mont. Code Ann. 46-11-504(1) prior to the entry of a final judgment; and; (2) the district court did not err by denying Defendant’s motion under section 46-11-504(1) to dismiss the charges of deceptive practices, burglary, and felony theft, given his federal conviction for possession of stolen firearms. View "State v. Burton" on Justia Law