State v. Strong
Annotate this CaseDefendant’s wife obtained an order of protection prohibiting all contact between Defendant and his wife. Thereafter, Defendant was charged with four counts of violating an order of protection for calling his wife four times from between approximately 4 p.m. and 11 p.m. on November 6, 2012. Defendant moved to dismiss all four charges against him or, in the alternative, to dismiss three of the four charges as part of the same transaction pursuant to Mont. Code Ann. 46-11-410. The district court denied Defendant’s motion to dismiss. On appeal, the parties disputed whether Defendant’s telephone calls constituted conduct that was part of the same transaction and, assuming that they did, whether the calls met the exception under section 46-11-410(2)(e). The Supreme Court affirmed the district court’s order denying Defendant’s motion to dismiss, holding that the prosecutor acted within her discretion in charging Defendant with four counts of violating the order of protection.
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