State v. D. Burton

¶1 David Burton appeals the denial of his motion to dismiss charges under § 46-11-504(1), MCA, by the Montana First Judicial District Court, Lewis and Clark County. We affirm, and address the following issues:

1. Can a defendant appeal the denial of a motion for dismissal under § 46-11-504(1), MCA, prior to the entry of a final judgment?

2. Did the District Court err by denying Burton’s motion under § 46-11-504(1), MCA, to dismiss the charges of deceptive practices, burglary, and felony theft, given his federal conviction for possession of stolen firearms ?

FACTUAL AND PROCEDURAL BACKGROUND

¶2…