State v. Barker

The District Court for the Twenty-First Judicial District, Ravalli County, vacated a justice court’s ruling which found appellant Barker guilty of reckless driving, on the grounds that the defendant had not been charged with reckless driving' The District Court further held that any retrial for the offense of driving under the influence of alcohol would violate defendant’s constitutional protection against double jeopardy. The State appeals. We affirm.

The issues are:

1. Does a district court have authority to vacate a justice court decision when the prosecution charged the defendant with…