STATE v. BURTON

DA 15-0593.

407 P.3d 280 (2017)

2017 MT 306

STATE of Montana, Plaintiff and Appellee, v. David Gary BURTON, Defendant and Appellant.

Supreme Court of Montana.

Decided: December 12, 2017.


Attorney(s) appearing for the Case

For Appellant: Chad Wright , Chief Appellate Defender, James Reavis , Assistant Appellate Defender; Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Jonathan M. Krauss , Assistant Attorney General; Helena, Montana, Leo Gallagher , Lewis and Clark County Attorney, Melissa Broch , Deputy County Attorney; Helena, Montana.


¶ 1 David Burton appeals the denial of his motion to dismiss charges under § 46-11-504(1), MCA, by the Montana First Judicial District Court, Lewis and Clark County. We affirm, and address the following issues:

1. Can a defendant appeal the denial of a motion for dismissal...

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