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STATE v. VARGAS

No. 96-168.

928 P.2d 165 (1996)

STATE of Montana, Plaintiff and Respondent, v. Raymond VARGAS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 22, 1996.

Attorney(s) appearing for the Case

Derik Pomeroy, Bozeman, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Cregg Coughlin, Asst. Attorney General, Helena, Catherine L. Truman, Deputy Gallatin County Attorney, Bozeman, for Plaintiff and Respondent.

LEAPHART, Justice.

Raymond Vargas (Vargas) appeals from the judgment and sentence of the Eighteenth Judicial District Court, Gallatin County, finding him guilty of issuing a bad check, common scheme, a felony, and imposing a three-year deferred sentence. We reverse and remand for rehearing.

We restate the issue as follows:

Does the guarantee against double jeopardy prohibit the State from basing a felony bad check (common scheme) charge, in part,...

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