Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 11. COMMENCEMENT OF PROSECUTION · Part 5. Effect of Former Prosecutions
Montana Code Annotated

Mont. Code Ann. § 46-11-502 (2026)

Renumbered 46-11-410

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 11
  4. Part 5
  5. 46-11-502 Renumbered 46-11-410

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 5. Effect of Former Prosecutions

Renumbered 46-11-410

46-11-502. Renumbered 46-11-410. Code Commissioner, 1991.

Notes of Decisions
Cited in 33 cases (1 in the last 5 years), 1979–2021 · leading case: State v. Wolfe, 821 P.2d 339 (Mont. 1991).
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State v. Wolfe, 821 P.2d 339 (Mont. 1991). · cites it 85× “In particular, Wolfe relies upon § 46-11-502(2), MCA (1989), which provides that a person may not be convicted of more than one offense if "one offense consists only of a conspiracy or other form of preparation to commit the other .”
State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 17× “1947, now section 46-11-502 MCA. Defendant argues the aggravated kidnapping count is an "included offense" in the count of deliberate homicide and he therefore may not be, under section 95-1711(2)(a), now section 46-11-502(1) *1010 MCA, convicted of that count.”
State v. Buckman, 630 P.2d 743 (Mont. 1981). · cites it 30× “Was defendant convicted of, and sentenced for, two separate offenses arising out of a single act in violation of section 46-11-502, MCA? 2. Did the trial court fail to follow the statutory requirements of section 46-14-202, MCA? 3.”
State v. C. Valenzuela, 2021 MT 244, 495 P.3d 1061. · cites it 32× “2d at 388 (citing Blockburger and § 46-11-502, MCA (1981), now § 46-11-410 – internal Montana citations omitted); State v.”
State v. Minez, 2003 MT 344, 82 P.3d 1. · cites it 8× “2d 339 , the defendant argued his convictions for possession of explosives and criminal mischief violated § 46-11-502(2), MCA (1989). We concluded the statutory prohibition against convictions of two offenses, one of which consists only of a conspiracy or other form of…”
State v. Becker, 2005 MT 75, 110 P.3d 1. · cites it 8× “Relying on § 46-11-502, MCA (renumbered as § 46-11-410, MCA, in 1991), we held that a defendant may not be convicted of both offenses if one offense is included within the other.”
State v. Thornton, 708 P.2d 273 (Mont. 1985). · cites it 12× “” The so-called Blockburger rule has been adopted by statute in Montana at Section 46-11-502, MCA. The first sentence of Section 46-11-502, MCA, states: “When the same transaction may establish the commission of more than one offense, a person charged with such conduct may be…”
State v. Ritchson, 630 P.2d 234 (Mont. 1981). · cites it 12× “Several times during the proceedings, defense counsel moved to dismiss the aggravated assault charge on the basis that aggravated assault is a lesser included offense of robbery under section 46-11-502, MCA. The defense also moved to require the State to elect specific elements…”
State v. Madera, 670 P.2d 552 (Mont. 1983). · cites it 6× “" Our statute, section 46-11-502(1), MCA, prevents prosecution for more than one offense, when one offense is included in the other.”
State v. Wells, 658 P.2d 381 (Mont. 1983). · cites it 6× “The Blockburger test is codified in section 46-11-502, MCA. This Court has adopted the approach whereby the analysis is applied to the statutes in question rather than to the facts of the individual case.”
State v. Clawson, 781 P.2d 267 (Mont. 1989). · cites it 9× “*417 I Did the District Court err in ruling that sexual intercourse without consent is not a lesser included offense of aggravated kidnapping, and therefore not dismissing the charge of aggravated kidnapping? Defendant contends that pursuant to § 46-11-502, MCA, sexual…”
State v. Peterson, 741 P.2d 392 (Mont. 1987). · cites it 11× “The State may charge defendant with more than one offense when the same transaction may establish the commission of more than one offense, § 46-11-502, MCA. However, a defendant may not be convicted of one offense if that offense is included in another.”
Show all 33 citing cases →
Mont. Code Ann. § 46-11-502(1): 10 cases
State v. Coleman, 605 P.2d 1000 (Mont. 1979). “1947, now section 46-11-502 MCA. Defendant argues the aggravated kidnapping count is an "included offense" in the count of deliberate homicide and he therefore may not be, under section 95-1711(2)(a), now section 46-11-502(1) *1010 MCA, convicted of that count.”
State v. Madera, 670 P.2d 552 (Mont. 1983). “" Our statute, section 46-11-502(1), MCA, prevents prosecution for more than one offense, when one offense is included in the other.”
State v. Peterson, 741 P.2d 392 (Mont. 1987). “The State may charge defendant with more than one offense when the same transaction may establish the commission of more than one offense, § 46-11-502, MCA. However, a defendant may not be convicted of one offense if that offense is included in another.”
State v. Long, 726 P.2d 1364 (Mont. 1986).
State v. Buckman, 630 P.2d 743 (Mont. 1981). “Was defendant convicted of, and sentenced for, two separate offenses arising out of a single act in violation of section 46-11-502, MCA? 2. Did the trial court fail to follow the statutory requirements of section 46-14-202, MCA? 3.”
Mont. Code Ann. § 46-11-502(2): 4 cases
State v. Wolfe, 821 P.2d 339 (Mont. 1991). “In particular, Wolfe relies upon § 46-11-502(2), MCA (1989), which provides that a person may not be convicted of more than one offense if "one offense consists only of a conspiracy or other form of preparation to commit the other .”
State v. Minez, 2003 MT 344, 82 P.3d 1. “2d 339 , the defendant argued his convictions for possession of explosives and criminal mischief violated § 46-11-502(2), MCA (1989). We concluded the statutory prohibition against convictions of two offenses, one of which consists only of a conspiracy or other form of…”
State v. Mitchell, 625 P.2d 1155 (Mont. 1981).
State v. Duncan, 2012 MT 241, 291 P.3d 106.
Mont. Code Ann. § 46-11-502(2)(d): 1 case
State v. C. Valenzuela, 2021 MT 244, 495 P.3d 1061. “2d at 388 (citing Blockburger and § 46-11-502, MCA (1981), now § 46-11-410 – internal Montana citations omitted); State v.”
Mont. Code Ann. § 46-11-502(4): 4 cases
State v. C. Valenzuela, 2021 MT 244, 495 P.3d 1061. “2d at 388 (citing Blockburger and § 46-11-502, MCA (1981), now § 46-11-410 – internal Montana citations omitted); State v.”
State v. Hall, 728 P.2d 1339 (Mont. 1986).
State v. Buckman, 630 P.2d 743 (Mont. 1981). “Was defendant convicted of, and sentenced for, two separate offenses arising out of a single act in violation of section 46-11-502, MCA? 2. Did the trial court fail to follow the statutory requirements of section 46-14-202, MCA? 3.”
State v. Sor-Lokken, 805 P.2d 1367 (Mont. 1991).
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