City of Billings v. Mouat

¶1 Appellant Jo Ann Mouat (Mouat) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, affirming the Billings Municipal Court’s denial of her motion to dismiss. We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err by affirming the municipal court’s denial of Mouat’s motion to dismiss on the grounds of double jeopardy?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On February 19, 2004, Billings Police Officer Jerry Smidt discovered Mouat at 1:12 a.m. parked on a city-street sidewalk with three flat tires. Officer Smidt noticed that Mouat…