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STATE v. SCHWICTENBERG

No. 88-563.

772 P.2d 853 (1989)

STATE of Montana, Plaintiff and Appellant, v. Joel SCHWICTENBERG, Defendant and Respondent.

Supreme Court of Montana.

Decided April 27, 1989.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Helena, Clay Smith, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Craig Friedenauer, Deputy County Atty., Missoula, for plaintiff and appellant.

Ronald MacDonald, Datsopoulos, MacDonald and Lind, Missoula, for defendant and respondent.

WEBER, Justice.

The State of Montana appeals the dismissal of a criminal proceeding against the defendant, Joel Schwictenberg, in the District Court for the Fourth Judicial District, Missoula County. We reverse.

The defendant was charged in justice court with failure to stop at the scene of an accident, in violation of § 61-7-104, MCA, and driving under the influence of drugs or alcohol in violation of § 61-8-401, MCA. At trial, the defendant was...

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