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STATE v. MYHRE

No. 04-849.

124 P.3d 126 (2005)

2005 MT 278

329 Mont. 210

STATE of Montana, Plaintiff and Respondent, v. David Jon MYHRE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 8, 2005.

Attorney(s) appearing for the Case

For Appellant: Jeffrey L. Sutton; Hartelius, Ferguson, Baker & Kazda, Great Falls, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Joslyn M. Hunt, Assistant Attorney General, Helena, Montana, John Flynn, Broadwater County Attorney, Townsend, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 David Jon Myhre (Myhre) appeals from his conviction and sentence in the First Judicial District Court, Broadwater County, for driving under the influence of alcohol (DUI). We affirm.

¶ 2 The issue on appeal is whether the District Court erred in denying Myhre's motion to dismiss the case.

BACKGROUND

¶ 3 On the evening of September 20, 2003, Colleen Yunis (Yunis...

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