State v. J. Standifur

Summary

The Montana Supreme Court affirmed the district court’s denial of the motion to dismiss, holding that the statutory double‑jeopardy bar in §46‑11‑503(1)(b) does not apply because no conviction had occurred, that the same‑transaction rule does not bar prosecution in a single Information, and that drug‑paraphernalia possession is not a lesser‑included offense of dangerous‑drug possession. The Court also noted that the dissenting justices would have reached the same result.