# State v. Brown

> Montana Supreme Court · February 19, 1999 · 293 Mont. 268

URL: https://www.frixlaw.com/law-library/cases/9510438

## Case

- **Full name:** STATE OF MONTANA, Plaintiff and Respondent, v. WAYNE J. BROWN, Defendant and Appellant
- **Court:** Montana Supreme Court
- **Decided:** February 19, 1999
- **Citations:** 293 Mont. 268; 56 State Rptr. 139; 975 P.2d 321; 1999 MT 31; 1999 Mont. LEXIS 31
- **Precedential status:** Published
- **Opinion:** Dissent by Gray
- **Judges:** William E. Hunt, Sr
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9510438

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9510438. Public record. Not legal advice.