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State v. Tellegen

Supreme Court of Montana

January 29, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
KANDICE TELLEGEN Defendant and Appellant.

ORDER

On November 12, 2013, we issued an Opinion in the above-entitled action affirming in part and reversing in part the decision of the Eleventh Judicial District Court. It has now come to our attention that the Opinion inaccurately summarizes § 46-11-410(2)(a). The changes to the Opinion set forth below and in the attached Amended Opinion correct those inaccuracies.

IT IS ORDERED that Paragraph 23 of the Opinion in this matter is AMENDED as follows. Strikeouts are deleted and underlined language is added:

¶23 Montana law prohibits charging convicting a defendant with on multiple offenses when one offense is included in the other. Section 46-11-410(2)(a), MCA. This restriction The prohibition on double jeopardy bars both multiple prosecutions and multiple punishments for the same offense. State v. Guillaume, 1999 MT 29, ¶¶ 8, 19, 293 Mont. 224, 975 P.2d 312.

IT IS ORDERED that this Court's November 12, 2013 opinion in this matter is amended as set forth above. An amended opinion is issued herewith.

The Clerk is directed to provide copies of this order to all counsel of record.


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