Our review of a district court's decision to grant or deny a motion to dismiss for selective prosecution is plenary. State v. Stanko, 1998 MT 323, ¶ 49, 292 Mont. 214, 974 P.2d 1139.
A person asserting that his or her constitutional rights have been violated by selective prosecution must allege and prove that the selection was deliberately based on an unjustifiable standard such as race religion, or other arbitrary classification. State v. Harris, 1999 MT 115, ¶ 23, 294 Mont. 397, 983 P.2d 881.