Summary
The Supreme Court of Montana reviews Justin Dale Becker’s convictions for criminal production or manufacture of dangerous drugs by accountability, criminal possession of dangerous drugs, and criminal possession of precursors to dangerous drugs. The court holds that possession of dangerous drugs is a lesser-included offense of production or manufacture, reverses that conviction, and remands for resentencing on the remaining convictions. It also upholds the ten-year sentence for production or manufacture of dangerous drugs and finds the separate sentencing issue moot.
Topics
Practice areas
Questions Presented
- Whether convictions for criminal possession of dangerous drugs and possession of precursors, in addition to conviction for criminal production or manufacture of dangerous drugs by accountability, violated double-jeopardy protections.
- Whether Becker's sentence for criminal possession of dangerous drugs exceeded twice the statutory maximum.
- Whether Becker's ten-year sentence for accountability for criminal production or manufacture of dangerous drugs was authorized by statute.
Holdings
- Montana law bars convictions for both criminal possession of dangerous drugs and criminal production or manufacture of the same dangerous drugs by accountability because possession is a lesser-included offense of production or manufacture.
- Possession of precursors is not a lesser-included offense of criminal production or manufacture of dangerous drugs because methamphetamine may be produced by cutting or diluting it with an inert ingredient without possessing any listed chemical precursor.
- The District Court properly sentenced Becker to ten years in state prison under § 45-9-110(4), MCA, because that subsection operates as the applicable catch-all penalty provision for a first-time offender not covered by subsections (2) and (3).
- The sentencing issue is moot because the conviction for criminal possession of dangerous drugs was reversed.
Key quotations
“Therefore, we hold that, §§ 46-1-202(9)(a) and 46-11-410(2)(a), MCA, read together, bar Becker's conviction for both criminal possession of dangerous drugs and criminal production or manufacture of dangerous drugs by accountability since the former is a lesser-included offense of the latter.” (¶ 24)
“Accordingly, we hold that the District Court did not err in sentencing Becker to ten years in Montana State Prison for his conviction of accountability for criminal production or manufacture of dangerous drugs.” (¶ 35)
Factual background
Police received a report of a suspected methamphetamine laboratory at a residence and observed Becker and others moving items from the residence and garage into a vehicle. After stopping the vehicle, officers found gloves and a glass pipe on Becker, whose clothing was wet and smelled of chemicals. A warrant search of the residence, garage, and vehicle uncovered items associated with methamphetamine production and a container holding methamphetamine.
Procedural history
Becker was convicted by a jury of accountability for criminal production or manufacture of dangerous drugs, criminal possession of dangerous drugs, and criminal possession of precursors to dangerous drugs. The District Court denied his suppression motion, denied his motion to dismiss the precursor charge on double-jeopardy grounds, and imposed consecutive sentences of ten years, ten years, and five years. Becker appealed his convictions and sentences.
Remand instructions
The convictions for accountability for criminal production or manufacture of dangerous drugs and possession of precursors are affirmed; the conviction for criminal possession of dangerous drugs is reversed. The sentence previously imposed is vacated, and the District Court must resentence Becker solely on the affirmed convictions after notice and a resentencing hearing.