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STATE v. LITSCHAUER

No. 05-130.

126 P.3d 456 (2005)

2005 MT 331

330 Mont. 22

STATE of Montana, Plaintiff and Respondent, v. Sheila LITSCHAUER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 20, 2005.

Attorney(s) appearing for the Case

For Appellant: Peter B. Ohman, Public Defender, Bozeman, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Jon M. Hesse, City Prosecutor, Belgrade, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 This decision arises out of a charge in Belgrade City Court of driving under the influence of alcohol. The City Court granted Sheila Litschauer's motion to suppress evidence, and the State appealed. Litschauer pled guilty in the Eighteenth Judicial District Court to operating a non-commercial motor vehicle with a blood alcohol level greater than .08...

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