State v. Gatts

William E. “Bill” Gatts (Gatts) appeals from the final judgment entered by the Fifth Judicial District Court, Jefferson County, on his guilty pleas to the felony offense of criminal mischief and five misdemeanor offenses, having reserved the right to appeal the court’s *44denial of his motion to dismiss the felony criminal mischief charge. We reverse and remand.

We restate the dispositive issue on appeal as follows:

Does § 87-1-102(1), MCA (1993), limit penalties for fish and game-related violations to those provided in Title 87 and, thereby, preclude charging Gatts with the offense of felony…