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STATE v. WEATHERELL

No. DA 09-0406.

225 P.3d 1256 (2010)

2010 MT 37

STATE of Montana, Plaintiff and Appellee, v. Clint Charles WEATHERELL, Defendant and Appellant.

Supreme Court of Montana.

Decided February 19, 2010.

Attorney(s) appearing for the Case

For Appellant: Michael H. Keedy; Henning, Keedy & Lee, P.L.L.C., Kalispell, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg, Assistant Attorney General; Helena, Montana, Mitch Young, Lake County Attorney; Mark A. Russell, Deputy County Attorney; Polson, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Defendant Clint Weatherell appeals the ruling of the District Court for the Twentieth Judicial District, Lake County, denying Weatherell's motion to dismiss his charge of assault on a minor on the basis of double jeopardy.

¶ 2 The sole issue on appeal is whether Weatherell's conviction for assault on a minor was barred by double jeopardy.

FACTUAL AND PROCEDURAL BACKGROUND...

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