State v. Peterson
Montana Supreme Court
1Opinion of the Court
ORDER MODIFYING OPINION ON REHEARING
The State has petitioned for a rehearing in this case upon the limited issue of whether we have ordered an appropriate remedy for the improper multiple convictions of the defendant Bailey Peterson.
In its petition, the State points out that the offense of possession of dangerous drugs is a lesser-included offense of the possession of dangerous drugs with intent to sell, citing State v. Mitchell (Mont. 1981), [_Mont._,] 625 P.2d 1155, 1159, a case that involved the conviction of the defendant both upon an offense and a lesser-included offense. We held:
“. . .…
2Cases cited4 opinions
- People v. BrownSupreme Court of Colorado · 1974
- State v. MitchellMontana Supreme Court · 1981
- United States v. Jerome EvansCourt of Appeals for the Second Circuit · 1981
- United States v. Calvin StromanCourt of Appeals for the Second Circuit · 1981
3Cited by3 opinions
- State v. BeckerMontana Supreme Court · 2005
- State v. B. StokesMontana Supreme Court · 2024
- State v. BeckerMontana Supreme Court · 2005