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STATE v. CLINE

No. DA 12-0492.

305 P.3d 55 (2013)

2013 MT 188

STATE of Montana, Plaintiff and Appellee, v. Curtis Donald CLINE, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender; Koan Mercer , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General; Mardell Ployhar , Assistant Attorney General, Helena, Montana, Leo J. Gallagher , Lewis and Clark County Attorney; Melissa Broch , Deputy County Attorney, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 The State of Montana (State) charged Curtis Cline (Cline) with theft by common scheme, in violation of § 45-6-301(a), MCA. Cline filed a motion to dismiss the charge. Cline argued that the charge violated his right not to be subject to double jeopardy under § 46-11-504, MCA. The District Court denied Cline's motion to dismiss. Cline appeals. We affirm...

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