State v. Dunnette

¶ 1 The defendant, Kurt Dunnette (Dunnette), appeals from the sentence and judgment of the District Court of the Eighteenth Judicial District, Gallatin County, dated May 21, 1999. On appeal Dunnette contends that the District Court violated the double jeopardy clause of the Montana Constitution when it sentenced him to ten years for the offense of criminal endangerment, a felony, § 45-5-207, MCA, and to an additional two years under the weapons enhancement statute, § 46-18-221, MCA, for the use of a weapon in committing the underlying offense. We affirm.

Background

¶2 On September 10,1998, the…