STATE v. HATFIELD

No. 92-151.

846 P.2d 1025 (1993)

STATE of Montana, Plaintiff and Respondent, v. Timothy Maguire HATFIELD, Defendant and Appellant.

Supreme Court of Montana.

Decided February 4, 1993.

Rehearing Denied February 25, 1993.


Attorney(s) appearing for the Case

David F. Ness, Helena, for defendant and appellant.

Marc Racicot, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, Scott B. Spencer, Lincoln County Atty., Libby, for plaintiff and respondent.


GRAY, Justice.

Appellant Timothy Maguire Hatfield appeals his convictions of the felony offenses of criminal sale of dangerous drugs and conspiracy to sell dangerous drugs. We affirm in part, reverse in part and remand for resentencing.

We address the following dispositive issues:

1. Did the District Court err in denying appellant's motion to dismiss Count II of the Information, which charged him with conspiracy to sell dangerous drugs?

2....

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