State v. Dobrowski, 2016 MT 261

Dobrowski and Burk operated marijuana on Burk's Custer County property while each held medical marijuana cards.
Dobrowski applied for a medical marijuana provider license in February 2013; the application was denied.
Law enforcement executed a search on March 14, 2013, uncovering 66 mature and 22 submature marijuana plants on the property.
Dobrowski acknowledged growing marijuana on the property and helped set up a building where plants were found.
On December 5, 2013, the State charged Dobrowski with criminal production or manufacture of dangerous drugs; a jury convicted him on February 27, 2016.
The issues on appeal focus on jury instructions, admission of provider application evidence, closing argument conduct, and surrebuttal closing, with Dobrowski challenging several trial‑level decisions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Accountability instruction given without separate charge	State argued accountability theory was proper under established law	Dobrowski contends notice and due process were violated since accountability is a separate offense	No abuse; accountability is not a separate offense and notice was sufficient
Admission of provider application evidence	State sought to introduce the provider application via rebuttal	Dobrowski argues improper timing and notices fail	No abuse; rebuttal admission was proper under Weitzel and Stewart and notice was adequate under circumstances
Prosecutorial misconduct in closing arguments	State asserts comments were permissible and did not prejudice	Dobrowski contends vouching and outside-record references violated rules	No reversible error; statements were not improper and did not prejudice the defendant
Request for surrebuttal closing argument	State contends court discretionary to limit surrebuttal; no right to surrebuttal	Dobrowski asserts good cause to depart from trial order warrants surrebuttal	District court acted within discretion; denial was proper

State v. Tellegen, 2013 MT 337 (Mont. 2013) (accountability not a separate offense; notice may be inferred)
State v. Tower, 267 Mont. 63 (Mont. 1994) (anticipation of accountability instruction from trial evidence)
State v. Spotted Eagle, 2010 MT 222 (Mont. 2010) (cannot transform charge into separate offense via accountability step)
State v. Weitzel, 2000 MT 86 (Mont. 2000) (rebuttal evidence admissibility when not pre-trial disclosed)
State v. Stewart, 2000 MT 379 (Mont. 2000) (notice and continuing duty to disclose materials)
State v. Glaudue, 1999 MT 1 (Mont. 1999) (closing argument improper when expressing personal opinion about guilt)