State v. Vargas

Raymond Vargas (Vargas) appeals from the judgment and sentence of the Eighteenth Judicial District Court, Gallatin County, finding him guilty of issuing a bad check, common scheme, a felony, and imposing a three-year deferred sentence. We reverse and remand for rehearing.

We restate the issue as follows:

Does the guarantee against double jeopardy prohibit the State from basing a felony bad check (common scheme) charge, in part, upon check(s) which were the subject of a prior conviction for misdemeanor bad checks?

BACKGROUND

On July 19, 1994, the State of Montana (State) charged Vargas with a…