State v. Toth

¶1 A jury in the Second Judicial District Court convicted Jonathan Toth of assault with a weapon. Toth was sentenced to five years at Montana State Prison, with the imposition of conditions of supervision if he receives an earlier release. Toth appeals, raising the following issues:

¶2 1. Did the District Court err in denying Toth’s motion to dismiss at the close of the State’s case in chief for the State’s failure to meet its burden of proof?

¶3 2. Did Toth’s conviction for assault with a weapon subject him to double jeopardy?

BACKGROUND

¶4 Police arrested Toth on July 2, 2006, for misdemeanor…