State v. Matt

¶1 Aaron Matt (Matt) appeals from the judgment entered in the Twentieth Judicial District Court, Lake County, finding him guilty of Count I, assault with a weapon, in violation of § 45-5-213(l)(a), MCA, and Count II, assault on a peace officer, in violation of § 45-5-210(l)(a), MCA, challenging the District Court’s denial of his motion to dismiss Count I. We affirm.

¶2 We restate the issue on appeal as follows:

¶3 Did the District Court err in denying Matt’s motion to dismiss the charge of assault with a weapon under § 45-5-213(l)(a), MCA, on the grounds that it is a lesser included offense of…