State v. Dustin Jade Mrgan

Dustin Jade Morgan appeals from his judgment of conviction and argues the district court erred when it denied Morgan’s motion to dismiss. 1 Because the district court used the wrong legal authority and the incorrect standard when ruling on Morgan’s motion to dismiss and motion to reconsider, we reverse the orders denying the motion to dismiss and the motion to reconsider, vacate the judgment of conviction, and remand this case to the district court for further proceedings consistent with this opinion. Furthermore, since the district court did not make sufficient factual findings regarding the…