State v. Weatherell

¶1 Defendant Clint Weatherell appeals the ruling of the District Court for the Twentieth Judicial District, Lake County, denying Weatherell’s motion to dismiss his charge of assault on a minor on the basis of double jeopardy.

¶2 The sole issue on appeal is whether Weatherell’s conviction for assault on a minor was barred by double jeopardy.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In January 2008 the State of Montana filed an information charging Weatherell with assault on a minor, criminal endangerment, and partner or family member assault (PFMA). The State’s affidavit supporting its request to…