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STATE v. MERRY

No. DA 07-0375.

191 P.3d 428 (2008)

2008 MT 288

345 Mont. 390

STATE of Montana, Plaintiff and Appellee, v. Kenneth Eugene MERRY, Defendant and Appellant.

Supreme Court of Montana.

Decided August 12, 2008.

Attorney(s) appearing for the Case

For Appellant: Robert J. Savage; The Savage Law Firm; Sidney, Montana.

For Appellee: Hon. Mike McGrath, Montana Attorney General; J. Stuart Segrest, Assistant Attorney General; Helena, Montana, Kendall Link, McCone County Attorney; Circle, Montana.

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

¶ 1 Kenneth Eugene Merry (Merry) appeals from his conviction in the Seventh Judicial District, McCone County, of driving under the influence of alcohol (DUI). We affirm.

¶ 2 We restate the issues as follows:

¶ 3 Did the District Court err when it denied Merry's motion to suppress the results of his blood alcohol test on the grounds that the sample was collected in violation...

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