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STATE v. SCHUBERT

No. DA 10-0058.

244 P.3d 748 (2010)

2010 MT 255

358 Mont. 286

STATE of Montana, Plaintiff and Appellee, v. Jeffrey Lane SCHUBERT, Defendant and Appellant.

Supreme Court of Montana.

Decided December 7, 2010.

Attorney(s) appearing for the Case

For Appellant: Katie Olson , Jasper Smith Olson P.C.; Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General; Matthew T. Cochenour , Assistant Attorney General; Helena, Montana, Marty Lambert , Gallatin County Attorney; Erin Murphy , Deputy County Attorney; Bozeman, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Defendant Jeffrey Lane Schubert appeals from the order of the Eighteenth Judicial District, Gallatin County, denying his motion to suppress evidence and dismiss the charge of Driving Under the Influence of Alcohol (DUI), first offense, a misdemeanor. We affirm. We restate the issue on appeal as follows:

¶ 2 Did the District Court err in denying defendant's motion to suppress evidence...

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