State v. Ellerbee

Justice James Jeremiah Shea delivered the Opinion of the Court.

***291¶1 Appellant Jason W. Ellerbee appeals the jury verdict and Sentencing Order of the Eighteenth Judicial District Court, Gallatin County, finding Ellerbee guilty of criminal possession of dangerous drugs, in violation of § 45-9-102, MCA. We address the following issues on appeal:

Issue One: Whether Double Jeopardy precluded the State from retrying Ellerbee.

Issue Two: Whether the jury was correctly instructed on the charge of criminal possession of dangerous drugs during Ellerbee's second jury trial.

Issue Three: Whether the…