The opinion
JUSTICE GRAY,
dissenting.
¶17 I dissent from the Court’s discussion and decision as to Issue one, plain error, for the reasons set forth at some length in my special concurring opinion in Finley. It continues to be my view that, absent a successful constitutional challenge to § 46-20-701(2), MCA — a statute duly enacted by the Montana Legislature — this Court is obligated to apply the statute rather than simply ignoring it.
¶18 With regard to the Court’s discussion and decision as to Issue two, double jeopardy, I dissent for the reasons set forth in Justice Nelson’s dissent in Guillame, which I joined.
¶19 I would affirm the District Court.