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STATE v. BECKMAN

No. 96-644.

944 P.2d 756 (1997)

STATE of Montana, Plaintiff and Respondent, v. Eugene A. BECKMAN, Defendant and Appellant.

Supreme Court of Montana.

Decided September 22, 1997.

Attorney(s) appearing for the Case

John S. Forsythe, Forsyth, for Defendant and Appellant.

Lee Kerr, Rosebud County Attorney, Forsyth; Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena, for Plaintiff and Respondent.

NELSON, Justice.

This is an appeal from the Sixteenth Judicial District Court, Rosebud County. On June 5, 1996, the District Court entered a memorandum and order denying Defendant Beckman's motion to dismiss a charge of felony DUI, fourth offense. From this memorandum and order, Defendant Beckman appeals. We reverse and remand.

We restate the following issues raised on appeal:

1. Did the District Court err in denying Defendant Beckman's motion to...

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