State v. Curtis Cline

¶25 I dissent from the Court’s decision. I would conclude that under the clear language of §46-11-504, MCA, Cline’s conviction in federal court barred his subsequent prosecution in the District Court.

¶26 Section 46-11-504, MCA, provides in pertinent part:

When conduct constitutes an offense within the jurisdiction of any *25state or federal court, a prosecution in any jurisdiction is a bar to a subsequent prosecution in this state if:(1) the first prosecution resulted in an acquittal or in a conviction and the subsequent prosecution is based on an offense arising out of the same transaction ....

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