State v. Kopp
Annotate this CaseDefendant appealed from the denial of her motion to dismiss the charge of criminal possession of dangerous drugs. At issue was whether the district court erred in denying defendant's motion to dismiss pursuant to 46-11-503 and -504, MCA. The court affirmed the district court's judgment and held that defendant's charges did not fall within the meaning of the "same transaction" under 46-1-202(23)(a), MCA, and therefore, the district court did not err in denying defendant's motion to dismiss pursuant to 46-11-504, MCA. The court also held that the district court did not err in denying defendant's motion to dismiss pursuant to 46-11-503, MCA, where the plain meaning of the statute required "two or more offenses are knowing to the prosecutor..." and where the prosecutor did not know what the substances were until testing was conducted later.
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