Summary
The Supreme Court of Montana affirmed the denial of Michael Patrick Topp's motion to dismiss two misdemeanor charges on statutory speedy-trial grounds. The court held that Montana's six-month misdemeanor speedy-trial statute did not apply after the Justice Court dismissed the charges and the State subsequently refiled and joined them with a felony charge in District Court.
Topics
Practice areas
Questions Presented
- Whether Montana Code Annotated § 46-13-401(2) required dismissal of the misdemeanor charges because Topp was not brought to trial within six months of his not-guilty pleas in Justice Court.
- Whether the misdemeanor charges remained subject to the statutory six-month speedy-trial period after the Justice Court dismissed them and the State subsequently refiled them with a felony charge in District Court.
Holdings
- Montana Code Annotated § 46-13-401(2) did not apply to the misdemeanor charges after the Justice Court dismissed the original charges and the State subsequently filed a new District Court information joining those misdemeanors with a felony charge.
- The District Court did not err in denying Topp's motion to dismiss the misdemeanor charges on statutory speedy-trial grounds.
Key quotations
“At that time, the charges and case were an entirely new matter, in essence a case de novo, in the District Court.” (75 P.3d at 333)
“Therefore, we hold the District Court did not err in denying Topp's motion to dismiss the misdemeanor charges against him on statutory speedy trial grounds.” (75 P.3d at 333)
Factual background
Topp's vehicle collided with an oncoming vehicle as he drove from a tavern parking lot onto U.S. Highway 93. He was initially cited for misdemeanor driving under the influence and failure to provide proof of liability insurance. After the Justice Court dismissed those citations without prejudice, the State filed a new District Court information joining the misdemeanors with a felony criminal-endangerment charge.
Procedural history
Topp was initially cited in Ravalli County Justice Court for two misdemeanors and pleaded not guilty. The Justice Court dismissed those citations without prejudice, after which the State filed a District Court information charging the two misdemeanors together with felony criminal endangerment. The District Court denied Topp's motion to dismiss the misdemeanors under Montana's six-month statutory speedy-trial provision; Topp pleaded guilty while reserving the issue and appealed.